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" Each generation in our history needs to be taught what the Constitution is, 
and what the framers of it understood it to be at its formation." — President 

WOOLSET. 



THE 

FOE THE USE OF SCHOOLS AND ACADEIIES. 
By GEO. S. WILLIAMS, A. M. 



This work on the Constitution is the result of several years' experience 
in teaching classes in this branch of study, and has been prepared with 
special reference to the wants of pupils in the test of the school-room drill, 
the general interest of the public, and to aid in elevating the standard of 
instruction in our public schools. The merits of the work consist in the 
brevity, accuracy, and perspicuity of its definitions, and the pertinency of 
the notes and references ; securing on the part of the pupils a familiarity 
with the text of the Constitution, and furnishing, without loss of time and 
labor, to teachers such additional sources of information as they may need 
for more full information. If studied carefully in our schools it is calcu- 
lated to foster a love for order, law, and justice, and prepare the young 
for the various and responsible duties of citizens and electors under our 
system of representative government. 

The following are some of the commendatory notices which have been 
received, to which the attention of School Directors and Teachers is 
asked : — 

From Hon. Joel Parker, LL D., Royall Professor of Law in Harvard 

University. 

Cambridge, January 27, 1862. 
I have made a limited examination of a small volume entitled " The 
Constitution of the United States for the use of Schools and Academies. 
By George S. Williams, A. M. Published by Welch, Bigelow, & Co., 
1861," — and am of the opinion it will be found a very useful manual for 
the purposes for which it is designed. The importance of a thorough study 
of the principles and provisions of the Constitution was never more ap- 
parent than at the present time, and I am not aware of any work better 
adapted to give to young students the necessary information upon those 
subjects. JOEL PARKER. 



2 RECOMMENDATIONS. 

From the Hon. Luke P. Poland, Chief Jvstice of Vermont. 

St. Johnsbury, Vt., January 20, 1862. 

I have not had sufficient time to examine your book on " The Constitu- 
tion of the United States, for the use of Schools and Academies," very 
minutely. So far as I have examined it I am highly pleased with it, and 
believe it well calculated to attain the end desired. The subject is 
one of the first importance, and I have long been satisfied that it has not 
received that attention, as a part of the education of the youth of the 
country, which should be given to it. I hope your book and your efforts 
may succeed in making the Constitution a settled and permanent topic of 
study in all our schools. Very truly yours, &c., 

Mr. Geo. S. Williams. LUKE P. POLAND. 



From Hon. Judge Maroy, Vermont. 

RoYALTON, Vt., January 14, 1862. 

I have examined with considerable care and special interest the contents 
of your Manual on the Constitution of the United States for the use of 
Schools and Academies. I am certain the study of this book will furnish 

the young with correct views of our free. Republican government 

It should be introduced into our common schools, and studied as thoroughly 
as English grammar or the spelling-book. 

The Constitution is explained so concisely and clearly, that the youth 
may understand it without extraordinary effort, and yet persons of mature 
age can read it with great advantage. 

Yours very respectfullv, 

Mr. Geo. S. Williams. JOHN S. MARCY. 



From Hon. David C. Sanford, Judge of Supreme Court, Connecticut. 

New Milford, Conn., June 6, 1862. 

I have read with interest your book on the Constitution of the United 
States, for the use of Schools. The information needed to successfully 
study the Constitution, and contained in various Statutes and Reports of 
the National Courts, you have condensed in an admirable manner, and 
formed a concise and satisfactory book for pupils in our public schools ; 
and teachers are furnished a manual long ago necessary for this neglected 
branch of study in our system of public instruction. I can gladly recom- 
mend it to the school committees and to teachers as a book that should be 
used in all our schools. Yours truly, 

Mr. Geo. S. Williams. DAVID C. SANFORD. 



From Hon. Henry Dutton, Kent Professor of Law in Yale College and 
Jvdge of Supreme Court of Connecticut. 

New Haven, Conn., October 13, 1863. 

I have examined your manual on the Constitution of the United States, 
for the use of Academies and Schools. I fully concur with Judge Parker 
in " the importance of a thorough study of the principles and provisions 
of the Constitution." 

I find your book methodical and trustworthy, and if we would preserve 
Constitutional government and republican institutions as they were formed 
and established, the 3'oung must be instructed in the principles and pro- 
visions of the Constitution. With pleasure I can commend your bouk for 
use in our public schools, and I hope it may be soon brought into general 
use in the plan of school education. Yours verv trulv, 

Mr. Geo. S. Williams. HENRY DUTTON. 



RECOMMENDATIONS. 



From Hon. J. D. Bradley, Member of the Board of Education of 

Vermont. 

Brattleboro, December 27, 1861. 

I have examined with much interest your treatise on the Constitution. 
It is a subject on which (as our national troubles warn us) a portion of the 
present generation of adults are sadly untaught, and I am glad you are 
trying to furnish the young with some better instruction. 

1 cannot but hope that our Legislature will regulai-ly introduce the study 
into our schools, and will see to it that voters before they perform the 
duties to which their oaths bind them shall have the opportunity of know- 
ing what their oaths mean. 

Wishing for your undertaking the best of success, 

I am very respectfully yours, 

Geo. S. Williams. J. D. BRADLEY. 



From Hon. Timothy P. Redfield, Vermont. 

MoNTPELiER, 10th January, 1862. 

I have examined your treatise on the Constitution, and gladly, and 
without reservation, recommend its use in our schools. It is clear in its 
statements, — full, yet concise ; and the study of the Constitution is a sub- 
ject that, in my view, should be fully and thoroughly taught in our schools 
and colleges. Truly yours, &c., 

Mr. Geo. S. Williams. TIMOTHY P. REDFIELD. 



From the North American Review — 1862. 

This book is especially adapted to the use of common schools, and is 
well suited to the youngest classes of pupils that could be made the sub- 
jects of such instruction. This we regard as the principal ground on 
"which it should secure from teachers preference over the several other 
manuals that have passed under our review. When we say that it is 
issued from the press to which we are indebted for our quarterly issues, we 
give ample assurance that in its typographical character it is free from 
the defects which often annoy us in school-books, is accurately printed, 
and finished, though in a cheap form, with perfect neatness and g(^od 
taste. 

♦ 

From Samuel H. Taylor, 'LL. J)., Principal of Phillips Academy. 

Andover, Mass., September 1, 1868. 

Dear Sir : I have read your book on the Constitution of the United 
States, for Academies and Schools, with much pleasure. Such a book 
has long been needed in all our schools. The principles of the Constitu- 
tion are clearly and concisely stated, and put into a form to render the 
book one easy to use in the recitations of the class. It is the only book I 
have seen and examined in which the Text of the Constitution, the Stat- 
utes of Congress, and the Decisions of the Courts are put into a form 
adapted to instruction in the public schools. Teachers and pupils are 
under great obligations to you for placing within their reach information 
heretofore confined to lawyers and judges of the several courts. I hope 
your book may come into general use, as it can be used without overtask- 
ing the memory of pupils, and is free from the heterogeneous technicali- 
ties and anomalies which disgust the majority of pupils in the use of 
larger books in the schoolroom. 

With respect, yours truly, 

Geo. S. Williams. S. H. TAYLOR. 



4 RECOMMENDATIONS. 

From Hon. Charles B. Lawrence, Chief Justice of the Supreme Court 

of Illinois. 

Galesbukg, III., July 19, 1871. 
Geo. S. Williams, Esq.: Dear Sir, — I liave examined your work 
upon the Constitution of the United States, prepared for the use of Schools 
and Academies, and have no hesitation in saying that it is excellent, both 
in plan and execution. Its value will be increased by the proposed ad- 
ditions which you have prepared in manuscript for a new edition. The 
general use of the book in our schools would certainly be of great public 
utility. I hope your faithful labor will meet a due reward. 

Yours very truly, C. B. LAWEENCE. 



From Hon. Pinkney H. Walker, Justice of the Supreme Court of Illinois. 

Rushville, III., January 15, 1872. 

I have examined j'^our work on the Constitution of the United States, 
for the use of Schools and Academies. The plan is simple, the defini- 
tions are clear and concise, and the arrangement is well suited to the 
youth of the country. To preserve our institutions, as they have come 
to us, it is necessary that the principles of our Federal and State Cons«^i- 
tutions should be well understood by the people, and I know of no better 
means of imparting that knowledge than through our common schools. 
The study of the general principles contained in these instruments should 
form the finishing course of our common school education. It is to be 
hoped that our citizens of every condition may give more attention to the 
study of these fundamental laws, and I trust they will avail themselves of 
your book, as it is much the best for general use I have seen on the sub- 
ject. I hope your work may receive the extensive patronage which it 
merits. I am, sir, yours, &c., 

Mr. George §. Williams. P. H. WALKER. 



From Hon. William K. McAllister, Justice of ike Supreme Court of 

Illinois. 

Waukegan, III., January 13, 1872. 

From my first knowledge of your work on the Constitution of the Unit- 
ed States i have felt a deep interest in it, and have therefore examined 
it with considerable care; because I have a firm conviction that an accu- 
rate understanding, by the intelligent masses of the people, of the theory 
of our Government, Federal and State, and their proper relations to each 
other, is indispensable to the perpetuity of the system. The statesmen 
— the great living teachers of former times to whom the people would lis- 
ten — are all gone, and the masses are thrown upon their own resources. 
^Yhile they repose in fancied security, the process of withdrawing power 
from ihem and the States, and centralizing it in the Federal Government, 
may be silently and steadily going on. That our youth should be edu- 
cated up to an accurate comprehension of the system is highly necessary; 
but that this branch has been neglected, not only in general education, 
but in the preparation of young men for the bar, must be confessed. It 
is my individual opinion that no person should be admitted to the bar 
who does not possess a fair degree of knowledge on this subject. Your 
work, as far as you have gone, embraces clear and well-supported expo- 
sitions of the Constitution of the United States, and goes further to facili- 
tate an acquaintance with that instrument than anything I have seen. 

Respectfully yours, &c., 

Mr. George S. Williams. W. K. McALLISTER. 



RECOMMENDATIONS. O 

From Hon. Anthony Thornton, Judge of the Supreme Court of Illinois. 

Shelbyville, III., January 16, 1872. 

Geo. S. Williams, Esq. : Dear Sir, — The advanced sheets of your 
book, containing an analysis of the Constitution of the United States, for 
the use of schools, has been examined with some care. 

The simplicity of the plan and explanations will highly recommend the 
book; and the very clear, thorough, and concise expositions of the several 
sections will aid the student to comprehend and appreciate the value of 
our written constitutions. 

Eemoved as we are by lapse of time from the salutary influence of 
the Fathers of the Eepublic, it is essential that the American youth should 
read and study and understand the constitution of his country, and thus 
know the rights secured and the duties imposed. Thus only can he be 
fi.tted for the high responsibilities which await him in the future of life. 

I have no doubt that your book will prove highly useful to the youth, 
as well as to those of maturer years, as a marmal of reference and instruc- 
tion. I trust that vour efforts will be amply rewarded. 

Very truly yours, &c., ANTHONY THOENTON. 



i^roOT Hon. Benjamin E. Sheldon, Judge of the Supreme Court of Illinois. 

Galena, III., January 29, 1872. 
Your work on the Constitution of the United States, for the use of 
Schools and Academies, so far as I may speak from the cursory exam- 
ination given it, meets my hearty approval. Its purpose is a useful and 
highly important one. The work seems excellently adapted to the end 
designed. Hoping it may meet the appreciation it deserves, 

I am, respectfullv yours, 
Mr. George S. Williams. BENJAMIN E. SHELDON. 



From Hon. John M. Scott, Judge of the Supi^eme Court of Illinois. 

Bloomington, III., February 24, 1872. 
I have examined your book on the Constitution of the United States, 
and it affords me great pleasure to bear testimony to its excellence, both 
as to its plan and its execution. It contains a vast amount of useful 
information, arranged in a concise and practical form for the purpose of 
instruction. The book ought to be used in all our public schools and 
academies. Hoping that your work will be appreciated by the public, 
I am, very respectfully yours, &c., 
Mk. George S. Williajms. JOHN M. SCOTT. 



32/^./5- THE 



CONSTITUTION 



OF 



THE UNITED STATES. 



FOR THE USE OF SCHOOLS AND ACADEMIES. 



BT 



/ 



>^ 



GEO. S. WILLIAMS, A 




" Each generation in oiir history needs to be taught what the Constitution is, and what the 
framers of it understood it to 6e, at its formation." — Peesidenx Woolset. 



FOURTH. NEW AND ENLARGED, EDITION. 



UNIVERSITY PRESS, CAMBRIDGE, MASS, 
WELCH, BIGELOW, & CO. 

1872. 




Entered according to Act of Congress, in the year 1861, by 

WELCH, BIGELOW, AND COMPANY, 

in the Clerk's Office of the District Court of the District of Massachusetts. 



Entered according to Act of Congress, in the year 1871, by 

GEORGE S. WILLIAMS, 
in the Office of the Librarian of Congress, at Washington. 



TO 

THE YOUTH 

IN THE PUBLIC SCHOOLS OF THE UNITED STATES 

ON THE CONSTITUTION OF OUR COUNTKI 

IS RESPECTFULLY DEDICATED, 
BY THE AUT HOR. 



PRE FAG E. 



The following work on the Constitution of the United States 
has been prepared in order to provide a manual adapted to the 
present system of instruction in our Academies and Public 
Schools. Within a few years, the study of the Constitution 
has been gaining ground, as a necessary part of the education 
of the young. If it was thought best for the welfare of Kome, 
that the Patrician youth should be thoroughly instructed in 
the laws of the Twelve Tables, how much more important that 
the American youth of each succeeding generation should be 
taught the fundamental principles of the Constitution of their 
country. Every two years, and again every four years, the 
citizens of the United States are required to give their opinions 
on questions of public policy. From the magnitude of the 
interests to be affected by such opinions, it is desirable that 
correct views respecting the organic law, with which personal 
opinions should be made to harmonize, should be widely dis- 
seminated among the young, who, with each revolving year, 
are expected to discharge the duties of active citizens. Few 
branches of study in our schools are more extensive in their 
application, or may be made to contribute more to the general 
welfare of the people of the United States. The language of 
the Constitution is not difficult to comprehend, and the duties 
arising under it are those of every-day life. The nature of the 
questions to be examined is calculated to give a manly exercise 
to the intellectual powers of the older members of the Public 
Schools. It cannot be expected that the young will be duly 



6 PREFACE. 

qualified for the various duties arising from a twofold citizen- 
ship without any study of such duties, or of the institutions 
peculiar to the United States and the several States of the 
Union. Even persons advanced in years often find it expedi- 
ent to give such duties and institutions careful thought before 
discharging their duties and obligations as citizens of a common 
country and of separate States. 

It is too true, that while we, as a nation, are constantly re- 
ferring to Constitutional rights and obligations, not one young 
man in a thousand examines the text of the Constitution, but 
expects the knowledge needed in the exciting events of our 
political life as a people will come without study and without 
reflection. The times in which we are living will make all 
see the necessity for the study of the Constitution in our pub- 
lic schools, if we would rightly educate the young in the essen- 
tial principles of our national government. 

The maintenance of these principles by an honest, intelligent 
discharge of the duties arising from an almost universal right 
of suflrage by the people can be best preserved only through 
universality of correct opinions respecting the fundamental 
Law and the institutions existing by its authority. In this 
new and enlarged edition such additions have been made as 
the Amendments to the Constitution and the Decisions of the 
Courts render necessary. The author acknowledges his obli- 
gations to the Judges of the Supreme Court of Illinois for 
suggestions and additions, which are included in this edition. 
The Constitution of Illinois, of 1870, is inserted after the 
Manual on the Constitution of the United States. 

G. S. W. 

Supreme Court Law Library, Ottawa, Illinois, July 26, 1871. 



CONTENTS. 



Page 

Synopsis of the Constitutiot!^^ . . . . . . 9 

The Constitution • H 

The Preamble .49 

The Legislatiye Department 50 

The House of Representatives 52 

The Senate 59 

Powers granted to Congress 71 

The Executive Department 94 

The Judiciary Department . 107 

Miscellaneous Powers and Rights 120 

The Provision for Amendments . . . . • .126 

The Supreme Law 128 

The Ratification of the Constitution .... 131 

Amendments of the Constitution 132 

The Constitution of Illinois 143 

Washington's Farewell Address 222 

The Declaration of Independence 244 

The Articles of Confederation 250 

The Formation op the State Governments . . . 263 

The Admission of New States 267 



SYNOPSIS OP THP CONSTITUTION, 



Preamble. 

1. The Parties to the Constitution. 

2. The Objects for forming the 

Constitution. 

Article I. 

§ 1. The Legislative Powers of Con- 
gress. 

§ 2. The Members of the House. — 
The Age and Citizenship of 
Members. - Representatives and 
Direct Taxes. — The Census 
and Apportionment. — Vacan- 
cies. — Officers of the House. 

§ 3, The Senators. — The Class of 
Senators. — The Age and Cit- 
izenship of Senators. — The 
President of the Senate. — The 
Officers of the Senate. — The 
Senate to try Impeachments. — 
Judgment for Impeachment. 

§ 4. The Time of holding Elections. 

— The Annual Session of Con- 
gress. 

§ 5. Members of each House. — Quo- 
rum. — Adjournment. — Rules 
of the House and Senate. — 
Journal of each House. — The 
Length of Time for which ei- 
ther House may adjourn. 

§ 6. Compensation. — Privileges. — 
Disqualification of Members. 

§ 7. Revenue Bills. — Veto- — Passed 
by Two Thirds of each House. 

— Bill not returned in ten 
Days. — The Orders, Resolu- 
tions, and Votes in which Con- 
currence is necessary. 

§ 8. The various Powers of Congress. 
1* 



§ 9. The Migration and Importation 
of Persons. — The Writ of Ha- 
beas Corpus. — Bill of Attain- 
der. — Apportionment of Taxes. 
— No Export Duty. — Com- 
mercial Preference. — Money 
drawn from the Treasury. — 
Nobility. — No Officer to re- 
ceive Presents. 

§ 10. The Prohibition of certain Pow- 
ers to the States. 

Article II. 

§ 1. The President and Vice-Presi- 
dent, their Terms of Office. — 
The Electors of the President 
and Vice-President, how ap- 
pointed. — Their Compensation 
and Oath of Office. 

§ 2. The Commander-in-Chief of the 
Army and Navy. — The vari- 
ous Duties of the President. — 
The Treaty-making Power. — 
Nomination to Office. 

§ 3. Information to Congress. — When 
he may convene and adjourn 
Congress. — Receive Ambassa- 
dors. — Execute Laws and com- 
mission Officers. 

§ 4. Forfeiture of all civil Offices for 
Crime. 

Article III. 

§ 1. The Judicial Power. — The 
Judges and their Tenure of 
Office — Their Compensation. 

§ 2. The Jurisdiction of the Sixpreme 
Court. — The Trial by Jury. 

§ 3. Treason and its Punishment. 



10 



SYNOPSIS OF THE CONSTITUTION. 



Aeticle IV. 

§ 1. Credit to the Public Acts, Eec- 
ords, and Judicial Proceedings 
in the several States. 

§ 2. Privileges of Citizens of each 
State. — Fugitives from Jus- 
tice. — Fugitives from Service 
or Labor. 

§ 3. The Admission of new States. — 
The Povfer of Congress over 
the Territory and Property of 
the United States. 

§ 4. Eepublican Form of Government 
guaranteed. — Each State to 
be protected against Invasion 
or domestic Violence. 

Article V. 

Amendments to the Constitution. — 
Proviso. 

Article VI. 

Certain Debts adopted — The Su- 
preme Law of the Land. — 
Oath, to support the Constitu- 
tion, by whom to be taken. — 
No Eeligious Test. 

Article VII. 

The Ratification of the Constitution. 



AMENDMENTS. 
Article I. 

Religious Establishment. — Freedom 
of Speech, of the Press, and 
Right to petition. 

Article II. 

Right to keep and bear Arms. 

Article III. 
The Quartering of Soldiers. 

Article IV. 
Eight of Search and Seizure. 

Article V. 
Provisions for Prosecutions, Trials, 



and Punishments. — Private 
Property. 

Article VI. 

Criminal Prosecutions. 

Article VII. 
Right of Trial by Jury. 

Article VIII. 
Bail, Fine, and Punishment. 

Article IX. 
The Construction of Eights 

Article X. 
The Construction respecting Powers. 

Article XL 
The Construction respecting the Ju- 
dicial Power of the United 
States. 

Article XII. 

The Manner of choosing President 
and Vice-President. 

Article XIII. 

§ 1. Prohibition of Slavery and in- 
voluntary Servitude in the 
United States. 

§ 2. Power of Congress under this 
Amendment. 

Article XIV. 

§ 1. Citizens of the United States 

and of a State. 
§ 2. Apportionment of Eepresenta- 

tives and of Electors. 
§ 3. Disqualificationfor certain Offi- 
ces. 
§ 4. The Public Debt of the United 

States. 
§ 5. Power of Congress under this 

Article. 

Article XV. 
§ 1. The Eight of Citizens of the 

United States to vote. 
§ 2. Power of Congress under this 

Article. 



TPIE 



OF THE 



UNITED STATES OF AlEEICA, 



ADOPTED IN CONTENTION, SEPTEIMBER 17, A. D. 1787, CAHRIED 
mTO EFFECT, MARCH 4, A, D. 1789. 



We, the people of the United States, in order to forro 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. 

Section 1. • 

1. All legislative powers herein granted shall be vest- 
ed in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed 
of members chosen every second year by the people 
of the several States, and the electors in each State 
shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislature. 



12 CONSTITUTION OF THE UNITED STATES. 

2. No person shall be a Representative who shall 
not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

3. [Representatives] and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective num- 
bers, which shall be determined by adding to the whole 
number of [free] persons, including those bound to ser- 
vice for a term of years, and excluding Indians not 
taxed, [three fifths of all other persons.] * The actual 
enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such man- 
ner as they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, 
but each State shall have at least one Representative ; 
and until such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose three, Mas- 
sachusetts eight, Rhode Island and Providence Planta- 
tions one, Connecticut five. New York six. New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, 
Yirginia ten. North Carolina five. South Carolina five, 
and Georgia three. 

4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole 
power of impeachment. 

* See XIV. Amendment, Section 2, p. 37. 



CONSTITUTION OF THE UNITED STATES. 13 

Section 3. 

1. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the 
Legislature thereof, for six years ; and each Senator 
shall have one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided as 
equally as may be into three classes. The seats of 
the Senators of the first class shall be vacated at the 
expiration of the second year, of the second class, at 
the expiration of the fourth year, and of the third 
class, at the expiration of the sixth year, so that one 
third may be chosen every second year ; and if vacan- 
cies happen by resignation, or otherwise, during the 
recess of the Legislature of any State, the Executive 
thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill 
such vacancies. 

3. No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he 
shall be chosen.' 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other ofiicers, and 
also a President pro tempore^ in the absence of the 
"Vice-President, or when he shall exercise the office of 
President of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 



14 CONSTITUTION OF THE UNITED STATES. 

of the United States is tried, the Chief Justice shall 
preside ; and no person shall be convicted without the 
concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and disqual- 
ification to hold and enjoy any office of honor, trust, 
or profit under the United States ; but the party con- 
victed shall nevertheless be liable and subject to in- 
dictment, trial, judgment, and punishment, according 
to law. 

Section 4. 

1. The times, places, and manner of holding elec- 
tions for Senators and Representatives shall be pre- 
scribed in each State by the Legislature thereof; but 
the Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday 
in December, unless they shall by law appoint a dif- 
ferent day. 

Section 5. 

1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members, and 
a majority of each shall constitute a quorum to do 
business ; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attend- 
ance of absent members, in such manner and under 
such penalties as each house may provide. 

2. Each house may determhie the rules of its pro- 
ceedings, punish its members for disorderly behavior, 



CONSTITUTION OF THE UNITED STATES. 15 

and, with the concurrence of two thirds, expel a mem- 
ber. 

3. Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy ; 
and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of 
those* present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting. 

Section 6. 

1. The Senators and Representatives shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United 
States. They shall, in all cases except treason, felony, 
and breach of the peace, be privileged from arrest dur- 
ing their attendance at the session of their respective 
houses, and in going to and returning from the same ; 
and for any speech or debate in either house, they 
shall not be questioned iii any other place. 

2. No Senator or Representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance in office. 



16 CONSTITUTION OF THE UNITED STATES. 

Section 7. 

1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose 
or concur with amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become 
a law, be presented to the President of the United 
States ; if he approve, he shall sign it ; but if not, he 
shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to 
reconsider it. If, after such reconsideration, two thirds 
of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if ap- 
proved by two thirds of that house, it shall become a 
law. But in all such cases, the votes of both houses 
shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. 
If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return j in which case 
it shall not be a law. 

3. Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Representa- 
tives may be necessary, (except on a question of ad- 
journment,) shall be presented to the President of the 
United States ; and, before the same shall take effect, 
shall be approved by him, or, being disapproved by 
him, shall be repassed by two thirds of the Senate 



CONSTITUTION OF THE UNITED STATES. 17 

and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Section 8. 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts and provide for the common de- 
fence and general welfare of the United States ; but all 
duties, imposts, and excises shall be uniform through- 
out the United States: 

2. To borrow money on the credit of the United 
States : 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through- 
out the United States : 

5. To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures : 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States : 

7. To establish post-offices and post-roads : 

8. To promote the progress of science and useful 
arts, by securing, for limited times, to authors and 
inventors, the exclusive right to their respective writ- 
ings and discoveries : 

9. To constitute tribunals inferior to the Supreme 
Court : 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations : 

11. To declare war, grant letters of marque and 



18 CONSTITUTION OF THE UNITED STATES. 

reprisal, and make rules concerning captures on land 
and water : 

12. To raise and support armies ; but no appropria- 
tion of money to that use shall be for a longer term 
than two years ; 

13. To provide and maintain a navy : 

14. To make rules for the government and regula- 
tion of the land and naval forces : 

15. To provide for calling forth the militia to ex- 
ecute the laws of the Union, suppress insurrections, 
and repel invasions : 

16. To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of 
them as may be employed in the service of the United 
States, reserving to the States respectively the appoint- 
ment of the officers, and the authority of training the 
militia according to the discipline prescribed by Con- 
gress : 

17. To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten miles 
square) as may, by cession of particular States, and 
the acceptance of Congress, become the seat of the 
government of the United States, and to exercise like 
authority over all places purchased by the consent of 
the legislature of the State in which the same shall 
be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings: — And 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
government of the United States, or in any department 
or officer thereof. 



CONSTITUTION OF THE UNITED STATES. 19 

Section 9. 

1. The migration or importation of such persons as 
any of the States now existing shall think proper to 
admit shall not be prohibited by the Congress prior to 
the year one thousand eight hundred and eight ; but 
a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus ^\\dl\ 
not be suspended, unless when in cases of rebellion 
or invasion the public safety may require it. 

3. No .bill of attainder or ex post facto law shall 
De passed. 

4. No capitation, or other direct tax, shall be laid, 
unless in proportion to the census or enumeration here- 
in before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
State over those of another ; nor shall vessels bound 
to or from one State be obliged to enter, clear, or pay 
duties in another. 

6. No money shall be drawn from the treasury, but 
in consequence of appropriations made by law ; and 
a regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time. 

7. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them shall, without the consent of the 
Congress, accept of any present, emolument, office, or 
title of any kind whatever, from any king, prince, or 
foreign state. 



20 CONSTITUTION OF THE UNITED STATES. 

Section 10. 

1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; . 
coin money ; emit bills of credit ; make anything but 
gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
its inspection laws ; and the net produce of all duties 
and imposts laid by any State on imports or exports 
shall be for the use of the treasury of the United 
States ; and all such laws shall be subject to the re- 
vision and control of the Congress. No State shall, 
without the consont of Congress, lay any duty of ton- 
nage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger 
as will not admit of delay. 

AETICLE II. 

Section 1. 

1. The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold 
his office during the term of four years, and together 
with the Yice-President, chosen for the same term, 
be elected as follows: — 

2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors 



CONSTITUTION OF THE UNITED STATES. 21 

equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the 
Congress ; but no Senator or Representative, or person 
holding an office of trust or profit under the United 
States, shall be appointed an Elector. 

3. [The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at 
least shall not be an inhabitant of the' same State with 
themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; 
which list they shall sign and certify, and transmit, 
sealed, to the seat of the government of the United 
States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be 
the President, if such number be a majority of the 
whole number of Electors appointed ; and if there be 
more than one who have such majority, and have an 
equal number of votes, then the House of Representa- 
tives shall immediately choose by ballot one of them 
for President ; and if no person have a majority, then 
from the five highest on the list the said House shall 
in like manner choose the President. But in choosing 
the President the votes shall be taken by States, the 
representation from each State having one vote ; a 
quorum for this purpose shall consist of a member 
or members from two thirds of the States, and a ma- 
jority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the 
person having the greatest number of votes of the 
Electors shall be the Yice-President. But if there 



22 CONSTITUTION OF THE UNITED STATES. 

should remain two or more who have equal votes, the 
Senate shall choose from them by ballot the Vice- 
President.] * 

4. The Congress may determine the time of choosing 
the Electors, and the day on which they shall give 
their votes ; which day shall be the same throughout 
the United States. 

5. No person except a natural-born citizen, or a 
citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within 
the United States. 

6. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President ; and the 
Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly 
until the disability be removed, or a President shall 
be elected. 

7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected, and he shall not receive with- 
in that period any other emolument from the United 
States or any of them. 

8. Before he enter on the execution of his office, 
he shall take the following oath or affirmation: — 

* This clause is abrogated, and the substitute for it is found in the 12th 
Amendment See page 35. 



CONSTITUTION OF THE UNITED STATES. 23 

9. "I do solemnly swear (or affirm), that I will 
faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United 

States." 

Section 2. 

1. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States, when called into the actual ser- 
vice of the United States ; he may require the opinion, 
in writing, of the principal officer in each of. the ex- 
ecutive departments, upon any subject relating to the 
duties of their respective offices, and he shall have pow- 
er to grant reprieves and pardons for offences against 
the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the Senators present concur ; and he shall 
nominate, and by and with the advice and consent of 
the Senate shall appoint, ambassadors, other public 
ministers, and consuls, judges of the Supreme Court, 
and all other officers of the United States whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law : but the Congress 
may by law vest the appointment of such inferior offi- 
cers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all 
vacancies that may happen during the recess of the 
Senate, by granting commissions which shall expire 
at the end of their next session. 



24 CONSTITUTION OF THE UNITED STATES. 

Section 3. 

1. He shall from time to time give to the Congress 
information of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient ; he may, on extraordinary 
occasions, convene both houses, or either of them, and 
in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to 
such time as he shall think proper ; he shall receive 
ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

Section 4. 

1. The President, Yice-President, and all civil offi- 
cers of the United States, shall be removed from office 
on impeachment for, and conviction of, treason, bribery, 
or other high crimes and misdemeanors. 

ARTICLE III. 
Section 1. 

1. The judicial power of the United States shall bo 
vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain 
and establish. The judges, both of the Supreme and 
inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their 
services a compensation, which shall not be diminished 
durmg their continuance in office. 

Section 2. 
1. The judicial power shall extend to all cases, in 
law and equity, arising mider this Constitution, the 



CONSTITUTION OF THE UNITED STATES. 25 

laws of the United States, and treaties made, or which 
shall be made, under their authority ; to all cases 
affecting ambassadors, other public ministers, and con- 
suls ; to all cases of admiralty and maritime jurisdic- 
tion ; to controversies to which the United States shall 
be a party ; to controversies between two or more 
States, between a State and citizens of another State, 
between citizens of different States, between citizens 
of the same State claiming lands under grants of dif- 
ferent States, and between a State, or the citizens 
thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be a party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury ; and such trial shall be 
held in the State where the said crimes shall have 
been committed ; but when not committed within any 
State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Section 3. 

1. Treason against the United States shall consist 
only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on 
confession in open court. 

2. The Congress shall have power to declare the 



26 CONSTITUTION OF THE UNITED STATES. 

punishment of treason, but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

ARTICLE lY. 

Section 1. 

1. Full faith and credit shall be given in each State 
to the public acts, records, and judicial proceedings 
of every other State. And the Congress may by gen- 
eral laws prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect 
thereof. 

Section 2. 

1. The citizens of each State shall be entitled to 
all privileo-es and immunities of citizens in the several 
States. 

2. A person charged in any State with treason, fel- 
ony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the 
executive authority of the State from which he fled, 
be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Section 3. 

1. New States may be admitted by the Congress 
into this Union ; but no new State shall be formed 



CONSTITUTION OF THE UNITED STATES. 27 

or erected within the jurisdiction of any other State ; 
nor any State be formed by the junction of two or 
more States, or parts of States, witliout the consent 
of the Legislatures of the States concerned, as well as 
of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States, or of any particular State. 

Section 4. 

1. The United States shall guarantee to every State 
in this Union a republican form of government, and 
shall protect each of them against invasion ; and on 
application of the Legislature, or of the executive (when 
the Legislature cannot be convened), against domestic 
violence. 

ARTICLE y. 

1. The Congress, whenever two thirds of both houses 
shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the Legis- 
latures of two thirds of the several States, shall call 
a convention for proposing amendments, which, in ei- 
ther case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the leg- 
islatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the 
other mode of ratification may be proposed by the 
Congress : Provided, that no amendment, which may 
be made prior to the year one thousand eight hundred 



28 CONSTITUTION OF THE UNITED STATES. 

and eight, shall in any manner affect the first and 
fourth clauses in the ninth section of the first article ; 
and that no State, without its consent, shall be deprived 
of its equal suffrage in the Senate. 

AETICLE VI. 

1. All debts contracted, and engagements entered 
into, before the adoption of this Constitution, shall be 
as valid against the United States, under this Constitu- 
tion, as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

3. The Senators and Representatives before men- 
tioned, and the members of the several State Legisla- 
tures, and all executive and judicial officers, both of 
the United States and of the several States, shall be 
bound, by oath or affirmation, to support this Consti- 
tution ; but no religious test shall ever be required 
as a qualification to any office or public trust under 
the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same. 

Done in Convention^ by the unanimous consent of the 
States present, the seventeenth day of September, in 



CONSTITUTION OF THE UNITED STATES. 29 

the year of our Lord one thousand seven hundred 
and eighty-seven^ and of the independence of the 
United States of America the tv^elfth. In ivitness 
whereof we have hereunto subscribed our names. 

George Washington, President, 



Eesolyed, That the preceding Constitution be laid 
before the United States in Congress assembled ; and 
that it is the opinion of this Convention, that it should 
afterwards be submitted to a convention of delegates, 
chosen in each State by the people thereof, under the 
recommendation of its Legislature, for their assent and 
ratification ; and that each convention assenting to and 
ratifying the same should give notice thereof to the 
United States in Congress assembled. 

Resolved, That it is the opinion of this Convention, 
that, as soon as the conventions of nine States shall 
have ratified this Constitution, the United States in 
Congress assembled should fix a day on which Electors 
should be appointed by the States which shall have 
ratified the same, and a day on which the Electors 
should assemble to vote for the President, and the 
time and place for commencing proceedings under this 
Constitution ; that, after such publication, the Electors 
should be appointed, and the Senators and Represent- 
atives elected ; that the Electors should meet on the 
day fixed for the election of the President, and should 
transmit their votes, certified, signed, sealed, and di- 
rected, as the Constitution requires, to the Secretary 



80 CONSTITUTION OF THE UNITED STATES. 

of the United States in Congress assembled ; that the 
Senators and Representatives should convene at the 
time and place assigned ; that the Senators should 
appoint a President of the Senate, for the sole purpose 
of receiving, opening, and counting the votes for Presi- 
dent ; and that after he shall be chosen, the Congress, 
together with the President, should, without delay, pro- 
ceed to execute this Constitution. 

By the unanimous order of the Convention, 

George Washington, President, 



In Convention. 

September 17, 1787. 
Sm: — 

We have now the honor to submit to the considera- 
tion of the United States in Congress assembled that 
Constitution which has appeared to us the most ad- 
visable. 

The friends of our country have long seen and de- 
sired that the power of making war, peace, and treaties ; 
that of levying money and regulating commerce ; and 
the correspondent executive and judicial authorities, 
should be fully and effectually vested in the general 
government of the Union : but the impropriety of del- 
egating such extensive trust to one body of men is 
evident. Hence results the necessity of a different 
organization. 

It is obviously impracticable, in the federal govern- 
ment of these States, to secure all rights of independent 
sovereignty to each, and yet provide for the interest 



CONSTITUTION OF THE UNITED STATES. 31 

and safety of all. Individuals entering into society 
must give up a share of liberty to preserve the rest, 
Tlie magnitude of the sacrifice must depend as well on 
situation and circumstance, as on the object to be ob- 
tained. It is at all times difficult to draw with precision 
the line between those rights which must be surrendered, 
and those which may be reserved; and on the present 
occasion this difficulty was increased by a difference 
among the several States as to their situation, extent^ 
habits, and particular interests. 

In all our deliberations on this subject, we kept stead- 
ily in view that which appears to us the greatest in- 
terest of every true American, the consolidation of our 
union, in which is involved our prosperity, felicity, 
safety, perhaps our national existence. This important 
consideration, seriously and deeply impressed on our 
minds, led each State in the Convention to be less rigid 
on points of inferior magnitude than might have been 
otherwise expected; and thus the Constitution which 
we now present is the result of a spirit of amity, and 
of that mutual deference and concession which the 
peculiarity of our political situation rendered indispen- 
sable. 

That it will meet the full and entire approbation of 
every State is not perhaps to be expected ; but each 
will doubtless consider that, had her interests alone 
been consulted, the consequences might have been par- 
ticularly disagreeable or injurious to others : that it 
is liable to as few exceptions as could reasonably have 
been expected, we hope and believe ; that it may pro- 
mote the lasting welfare of that country so dear to us 
all, and secure her freedom and happiness, is our most 
ardent wish. 



32 



CONSTITUTION OF THE UNITED STATES. 



With great respect, we have the honor to be, sir, 
jour Excellency's most obedient and humble servants. 

George Washington, President. 
His Excellency, the President of Congress. 



The Constitution was adopted on the 17th September, 
1787, by the Convention appointed in pursuance of 
the resolution of the Congress of the Confederation, 
of the 21st February, 1787, and was ratified by the 
Conventions of the several States, as follows, viz. : — 



By Convention of Delaware, 

Pennsylvania, 
New Jersey, 
Georgia, 
Connecticut, 
Massachusetts, 
Maryland, 
South Carolina, 
New Hampshire, 
Virginia, 
New York, 
North Carolina, 
Rhode Island, 



on the 7th 

" 12th 

« 18th 

« 2d 

« 9th 

" 6th 

« 28th 

« 23d 

« 21st 

« 26th 

" 26th 

" 21st 

" 29th 



December, 1787. 
December, 1787. 
December, 1787. 
January, 1788. 
January, 1788. 
February, 1788. 
April, 1788. 



May, 
June, 
June, 
July, 



1788. 
1788. 
1788. 
1788. 



November, 1789. 
May, 1790. 



AMENDMENTS TO THE CONSTITUTION. 



ARTICLE I. 



Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise there- 
of ; or abridging the freedom of speech, or of the press ; 
or the right of the people peaceably to assemble, and 
to petition the government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the se- 
curity of a free State, the right of the people to keep 
and bear arms shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in 
time of war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable search- 
es and seizures, shall not be violated ; and no warrants 
shall issue, but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

2* c 



34 CONSTITUTION OF THE UNITED STATES. 

ARTICLE V. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in 
actual service, in time of war or public danger ; nor 
shall any person be subject for the same offence to bo 
twice put in jeopardy of life or limb ; nor shall bo 
compelled, in any criminal case, to be a witness against 
himself; nor be deprived of life, liberty, or property, 
without due process of law ; nor shall private property 
be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law ; and to be informed of 
the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor ; 
and to have the assistance of counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved ; and no fact tried by a jury 
shall be otherwise re-examined in any court of the 
United States than according to the rules of the com- 
mon law. 



CONSTITUTION OF THE UNITED STATES. 35 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage others re- 
tained by the people. 

ARTICLE X. 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or 
subjects of any foreign state. 

ARTICLE XII. 

1. The Electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of 
the same State with themselves ; they shall name in 
their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-President ; 
and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which 
lists they shall sign and certify, and transmit sealed 
to tlie seat of the government of the United States, 



36 CONSTITUTION OF THE UNITED STATES. 

directed to the President of the Senate ; the President 
of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and 
the votes shall then be counted : the person having 
the greatest number of votes for President shall be 
the President, if such number be a majority of the 
whole number of Electors appointed ; and if no person 
have such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of 
those voted for as President, the House of Represent- 
atives shall choose immediately, by ballot, the Presi- 
dent. But in choosing the President, the votes shall 
be taken by States, the representation from each State 
having one vote ; a quorum for this purpose shall con- 
sist of a member or members from two thirds of the 
States, and a majority of all the States shall be ne- 
cessary to a choice. And if the House of Representa- 
tives shall not choose a President, whenever the right 
of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President 
shall act as President, as in the case of the death or 
other constitutional disability of the President. 

2. The person having the greatest number of votes 
as Yice-President shall be the Vice-President, if such 
number be a majority of the whole number of Electors 
appointed ; and if no person have a majority, then 
from the two highest numbers on the list the Senate 
shall choose the Vice-President : a quorum for the 
purpose shall consist of two thirds of the whole num- 
ber of Senators, and a majority of the whole number 
shall be necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the United States. 



CONSTITUTION OF THE UNITED STATES. 37 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within 
the United States or any place subject to their jurisdic- 
tion. 

Sec. 2. Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce 
any law which shall abridge the privileges or immuni- 
ties of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property, 
without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among 
the several States according to their respective num- 
bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Yice-President of the United States, 
representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature 
thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for 
participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the propor- 
tion which the number of such male citizens shall bettr 



38 CONSTITUTION OF THE UNITED STATES. 

to tlie whole number of male citizens twenty-one years 
of age in such State. 

Sec. 3. No person shall he a senator, or representa- 
tive in Congress, or elector of President and Vice- 
President, or hold any office, civil or military, under the 
United States, or under any State, who having pre- 
viously taken an oath as member of Congress, or as an 
officer of the United States, or as a member of any 
State legislature, or as an executive or judicial officer 
of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of 
each house, remove such disability. 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in sup- 
pressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims shall 
be held illegal and void. ^ 

Sec. 5. That Congress shall have power to enforce, 
by appropriate legislation, the provisions of this article. 

ARTICLE XV. 

Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the 
United States, or by any State on account of race, 
color, or previous condition of servitude. 
' Sec. 2. The Congress shall have power to enforce 
this article by appropriate legislation. 



TO TEACHEES AND TO PUPILS. 



It is suggested to teachers to give short lessons to classes, — which will 
permit of the class going over the lesson twice or three times at eacli reci- 
tation. Such repetition will give confidence to the members of the class, 
and fix the several clauses of the Constitution more thoroughly in the 
memory of each pupil. The notes are not for the purpose of being com- 
mitted to memory. As the third clause of Section First, Article Second, 
is abrogated, it is unnecessary to tax the memory of the pupil to learn it ; 
and so long a lesson as the Twelfth Amendment entire may be di^aded 
into two lessons, rather than to crowd the memory with too much at a 
time. Short lessons well learned encourage the pupil. While going over 
the Manual part of the book, let the pupil read over several times the 
Declaration of Independence, the Articles of Confederation, and Wash- 
ington's Farewell Address. 

To pupils, it is suggested that a careful study of the Constitution of 
the Nation, and of the State in which they reside, may prove one of the 
most interesting and important branches of their education. They thereby 
may learn wherein consists equal and impartial justice to all men through 
the instrumentality of positive laws. 

How the State would guarantee freedom of religion, freedom of the 
press, and freedom of the person through habeas corpus, and trial by an 
impartial jury. 

How the State would encourage and strengthen all the industrial in- 
terests of the people of the State by proper legislation, and by a proper 
control of all corporations in the State, in their relations to the labor 
and prosperity of the people. 

In the study of the Constitution of their State, and of the Constitution 
of the United States, and by an honest reflection on what may be learned, 
pupils will perceive the means which will secure national honor and 
prosperity, and individual wealth and happiness. Each pupil, as he 
leaves the work of the school-room and enters upon the duties and obli- 
gations of life, will realize that the studies of the school have an applica- 
tion to the duties and obligations of citizens. 

Thus studied, and thus reflected on, the pupil will love his country, 
love its Constitutions and the Institutions established and existing under 
them, as means of usefulness and of happiness, for the highest and the 
noblest ends, through the highest and noblest instrumentalities, — intelli- 
gent voters and electors, honest legislators, and impartial, uncorruptible 
judges. 



MANUAL 



ON THE 



CONSTITUTION OF THE UNITED STATES. 



MTEODUCTOKY TO THE PREAMBLE. 

What is understood by the term Civil Government in the United 
States ? 

The authority and the organization for establishing 
and regulating the relations, and the rights of persons 
and of property, under positive laws, as within the 
jurisdiction of the Government. 

What is the form of Government of the United States ? 

A Representative Republic, in which the sovereignty 
of the people, as a Nation, is exercised by Representa- 
tives under a written Constitution. 

What is included within the term the Constitution ? 

It is the fundamental law adopted by the people, for 
the organization and the preservation of Civil Govern- 
ment, to which all laws must conform, by which all offi- 
cers under it, and the people adopting it, must alike be 
governed, and to the provisions of which officers and 
people must alike submit. 

What is understood by the term Constitutional Law ? 

Th€ entire body of the Laws authorized by the Con* 
stitution of the United States, and by the Constitutions 
of the several States of the Union. 



42 THE CONSTITUTION. 

What does a constitution usually include ? 

The principles in accordance with which the Govern- 
ment is established, the division and the liraitations of 
the powers of Government, and the persons by whom 
the several Departments of the Government shall be 
administered. 

What is the relation existing between Society and Civil Govern- 
ment? 

Society exists for the preservation, the improvement, 
and the happiness of the human race. Civil Govern- 
ment exists for the preservation and the enjoyment of 
the rights of persons and of property, and for the 
redress, or the punishment of private or of public 
wrongs, under positive laws. 

What is the basis of CivU Government in the United States ? 
The natural, inalienable rights of the people ; natural, 
because inseparably belonging to human nature. 

What is the source of these rights ? 

They arise from the nature, the relations, and the 
necessities of persons as rational beings and as members 
of society. 

What relative relation between natural and positive rights ? 

The Nation, or the States of the Union, through the 
Constitutional Conventions, or through positive laws, 
are continually defining and establishing natural rights 
as positive rights through the instrumentality of 
National or State Legislation. 

Note. — Natural rights are the rights of persons inseparable from 
their nature, and in distinction from the rights of persons in organ- 
ized society. Thus, the rights of life, of liberty, of happiness, of prop- 
erty, of reputation, of religious belief, and of worship are called natural, 
inalienable rights, and they exist independent of written Constitu- 
tions or of Statute Laws, although embodied in such Constitutions or 



THE CONSTITUTION. 43 

Laws, when they become positive rights tinder the guarantee of positive 
laws. Natural rights are classed as perfect or imperfect. They are per- 
fect when they can be asserted by force, or by the process of the Courts. 
They are imperfect when they cannot be so asserted ; because, there are 
no means of enforcing the duties or the obligations arising from these im- 
perfect rights. The rights of persons, the signs and the proofs of proper- 
ty, the relations and the rights of persons under a twofold organization 
of Government in the United States, and which are defined and guaran- 
teed by positive laws, are denominated Civil Rights. 

Wliat is Supreme Sovereignty ? 

The state or condition of a Sovereign. The posses- 
sion and the exercise of the powers belonging to 
sovereignty, through the instrumentahty of a person, 
or body of persons, to whom there is no superior. 

Where does Supreme Sovereignty exist in the Kepublican 
Government of the United States ? 

In the people of the United States as a Nation. The 
people as a Nation being supreme over all institutions 
of Government. 

What is the nature and extent of this Sovereignty ? 

It is inalienable, indefeasible, and irresponsible to 
any other authority than the recognized law of Nations. 
The latent powers of Sovereignty, which lie dormant 
in the people, are boundless in extent, and incapable of 
definition. 

What are the special objects of this Sovereignty? 

In the formation of a written Constitution and in the 

organization of Civil Government under it, the greatest 

security of person arid of property, and the greatest 

happiness of the people under Law are the objects to 

, be attained. 

What is National Sovereignty ? 

The highest Civil authority, to which all other within 
its jurisdiction is subordinate. 



44 THE CONSTITUTION. 

How does this Sovereignty manifest itself? 

In Laws, consonant with the written Constitution in 
the relations of persons to the Nation, or of the Nation 
to persons or things. 

Wliat is understood by State Sovereignity ? 

The authority possessed and exercised by the people 
of a State, as a component part of the people of the 
United States, under the limitations imposed in the 
Constitution of the United States. 

Note. — From the peculiar and complex nature of Society and of 
Government in the United States, it is here observed, that National and 
State Sovereignties are only divisions of the Supreme Sovereignty of the 
people of the United States vested in separate organizations of Govern- 
ment ; each having its own sphere of action, and its own special objects 
of Legislation and of jurisdiction. 

How are the powers of National Sovereignty distributed in the 
Government of the United States ? 

1st. To the voters, citizens of the United States : 2d. 
To the Constitutional Convention : 3d. To the Legisla- 
tive, the Executive, and the Judical Departments of the 
National Government : 4th. To the electors of Presi- 
dent and Yice-President of the United States. 

Note. — In the system of Government of the United States, the rights 
of voters, or of electors, are civil rights, partaking of the nature of trusts 
to be possessed and exercised for the general welfare ; for, voters or elect- 
ors, in the discharge of their duties under the Constitution, act not only 
for themselves as individual members of the body politic, the Nation, but 
also for the general welfare of this body politic composed of the people of 
all the States of the Union. 

In fact, every officer in the several departments of the Government is 
only a Eepresentative of the people, and the exercise of every power 
under the Constitution is of the nature of a trust, for the good of the 
people of the United States, and as trust is the basis of action between 
the individual and Society, so also, it is an essential element in the sue- 



THE CONSTITUTION. 45 

cessful administration of organized Government through the instrumen- 
tality of Representatives, for the general welfare. 

How is the Term " State " generally used in the Constitution ? 

It denotes the political community of persons, as a 
body politic, dwelling within certain territorial limits, 
under a Constitutional Government, Republican in form, 
and a member of the Union of the United States. (7 
Wallace's S. C. Eeports, p. 721.) 

What does a State Government of this Union presuppose ? 

A Government whose officers are sworn to support 
the Constitution and Government of the United States, 
and who are discharging their official duties in accord- 
ance with such oath. 

When was the nationality of the United States instituted ? 

On the 4th of July, 1776, the people of the " United 
Colonies " became " the United States of America." 
(Declaration of Independence.) 

What is understood by the external sovereignty of a nation ? 

The sovereign powers possessed and exercised by the 
people as a Nation, in its relations, rights, and interests 
with other nations, under the law of nations. 

What is understood by the internal sovereignty of a nation ? 

The sovereign powers possessed and exercised by the 
people as a body, politic, in its internal relations, rights, 
and interests under an organized system of Govern- 
ment. 

What may be remarked of the sovereignty of the United States ? 

The internal sovereignty of the people of the United 
States was complete from the Declaration of Independ- 
ence, July 4th, A. D. 1776 ; their external sovereignty 
was complete from the ratification of the Treaty of 



46 THE CONSTITUTION. 

1782, with Great Britain, (Wheaton's International 
Law, pp. 32-33. Dana's Edition.) 

Note. — The American Revolution of 1776 did not subvert all the 
forms of government and the positive laws of the Thirteen Colonies. It 
only threw off the sovereignty of Great Britain, as claimed by the Crown 
and by Parliament. It left the forms of local government and of local 
laws, which had grown up in the separate Colonies, to be changed as the 
people of each Colony, through its own Legislature, should direct ; and 
to the people of the United States, through Congress, was left the 
authority to exercise such powers of General Government as should be 
necessary for national purposes. Under the Constitution of the United 
States there is a division of the powers of sovereignty between the 
National and the State Governments, and because of this division of the 
powers of sovereignty, these Governments are denominated, in the 
decisions of the Courts, distinct and separate sovereignties, each acting 
independent of the other in its own sphere of action and of jurisdiction, but 
the two sovereignties .constituting and representing one indivisible unity, 
"the people of the United States." — Declaration of Independence; 21 
Howard's S. C. Reports, p. 516; XIV. Amendment of Constitution; 11 
Wallace's S. C. Reports, pp. 124-126. 

What vv^ere the forms of local government in the several Colonies 
previous to July 4th, 1776 ? 

The Charter, the Proprietary, and the Provincial 
forms of Government. 

Which were the Charter Governments ? 

Massachusetts, Connecticut, and Rhode Island. 

Which were the Proprietary Governments ? 

Maryland, Pennsylvania, and Delaware. 

Which were the Provincial Governments ? 

New Hampshire, New York, New Jersey, Yirginia, 
North Carolina, South Carolina, and Georgia. 

Note. — The Charter Governments had the authority under their 
Charters to make such local laws as were necessary for the people of 
these Colonies. In the Proprietary Governments, the Governors were 
appointed by the Proprietor, and gf nerally the Proprietor and the Gov- 
ernor, with the consent of the Crown, made such laws as were thought 



THE CONSTITUTION. 47 

best for the interests of the Colony. The Governor and the Council of 
the Provincial Governments were appointed by the Crown, but the repre- 
sentatives were chosen by the freeholders of the Colony. The Governor, 
the Council, and the Representatives possessed the power of maiiing the 
necessary local laws. 

What limitations on the powers of the Colonial Governments ? 

The powers of the Colonial Governments were con- 
fined in their effects to the territorial limits of each 
Colony respectively, and all Colonial Laws were re- 
quired to be not contrary to the Laws of England. 

To what extent were the Common and the Statute Laws of Eng- 
land in force in the several Colonies ? 

So much of these laws, as were suited to the condi- 
tion and the wants of the people of these Colonies, was 
adopted as their common law, by which their rights of 
person and of property were regulated and were secured. 
(1 Washburn on Real Property, p. 25. Third edition.) 

What powers were exercised by the Congress of the United 
Colonies ? 

This Congress assumed the powers of sovereignty, 
which had been exercised by the Crown and by the 
Parliament. 

What was accomplished under this exercise of sovereignty ? 

The war with Great Britain was carried on ; Inde- 
pendence was declared ; Treaties were made with 
Foreign Nations, and Admiralty Jurisdiction was 
exercised. 

What was the effect of the Declarjition of Independence ? 

i 

The people of the United Colonies became an inde- 
pendent Nation, invested with all the rights of war and 
of peace. 

What led to the Articles of Confederation ? 



48 THE CONSTITUTION. 

The necessity for a specification of the powers which 
should be exercised by the Government of the United 
States. 

Note. — "It has been inquired what powers Congress possessed from 
the first meeting in September, 1774, until the ratification of the Articles 
of Confederation, March 1st, 1781. It appears that the powers'Of Con- 
gress during that whole period were derived from the people they repre- 
sented, expressly given, through the medium of their State Conventions, 
or State Legislatures ; or that after they were exercised they were im- 
pliedly ratified by the acquiescence and obedience of the people. After 
the Confederacy was completed, the powers of Congress rested on the 
authority of the State legislatures and the implied ratification of the 
people, and was a Government over Governments." — 3 Dallas's S. C. 
Reports, p. 231. 

What, then, were the Articles of Confederation ? 

They were a Constitution of Government, for the 

people in their character as States of the Union, for 

National purposes. 

What may be remarked of the government under the Confedera- 
tion ? 

The few years' experience under it proved it very 
inadequate to the welfare of the nation, and that it 
was a mere plan for the recommendation of measures 
to the separate State governments. 

What desire had now become quite general among the people ? 

That of a more perfect union, and a more energetic 
and efficient national government. 



THE CONSTITUTION. 49 



THE PREAMBLE. 

Kecite tlie Preamble. 

We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

What does the Preamble make evident ? 

The parties who formed the Constitution and the 
government of the United States, and the objects for 
which they were formed and adopted. 

Who are the parties that formed them ? 

The people of the United States, composed of the 
people of each of the then existing States. 

How is this made more certain ? 

By the language of the Preamble, which is, " We, 

the people of the United States," and not we the 

people of the States of Massachnsetts, Connecticut, 

New Hampshire, &c. 

What had been accomplished under the Articles of Confedera- 
tion ? 

The war of the Revolution had been ended, inde- 
pendence as a nation achieved, and peace established. 

For what had the Declaration of Independence and the Articles 
of Confederation prepared the people ? 

For a National Constitution and a National Govern- 
ment of the i^eople, adequate to the increasing wants 
of the whole country. 

What may be remarked of the Declaration of Independence and 
the war of the Revolution ? 

3 ■ D 



50 THE CONSTITUTION. 

They were declared and carried on as the united 
acts of the people in the several Colonies. 

What may be remarked of the objects named in the Preamble ? 

They are eminently national, and designed to make 
the people of the United States one country, with one 
Constitution, and a common destiny. 

Note. — The Supreme Court of the United States, in 1 Wheaton's S. 
C. Eeports, 324, says that " the Constitution of the United States was or- 
dained and established, not by the States in their sovereign capacities, but 
emphatically, as the Preamble of the Constitution declares, 'by the people 
of the United States,' " and the same Court, in 2 Dallas's S. C. Reports, 
419, in speaking of the objects mentioned in the Preamble, says : *'The 
people therein declare that their design in establishing it " — the Consti- 
tution — " comprehended six objects : to form a more perfect union ; to 
establish justice ; to insure domestic tranquillity ; to provide for the com- 
mon defence ; to promote the general welfare ; and to secure the blessings 
of liberty to themselves and their posterity. It would be pleasing and 
useful to consider and to trace the relations which each of the objects bears 
to the other, and to show that collectively they comprise everything 
requisite, with the blessing of Divine Providence, to make a people pros- 
perous and happy." 



AETICLE I. 
THE LEGISLATIVE DEPARTMENT. 

Section I. 

Recite this section. 

J. All legislative powers herein granted shall he vested 
in a Congress of the United States, which shall consist of 
a Senate and House of Representatives. 

Wbat is an important object in Civil Government ? 

A just and wise distribution of the powers of govern- 
ment among its several departments. 

What threefold division of tbe powers of Government in the 
Constitution ? 

The Legislative, the Executive, and the Judicial 
Departments. 



THE CONSTITUTION. 51 

What may be remarked of tlicse powers under the Constitution ? 

The legislative powers of the government are vested 
for a limited period in Representatives chosen by the 
people ; the executive powers are vested in a President 
chosen by the electors for a certain period ; and the 
judicial powers are vested in a certain number of 
persons during their good behavior. 

How are the powers distributed in the Constitution ? 

In such a manner that each department may be 
independent of the other departments in its appropriate 
sphere of action. 

What is the proper sphere of each department ? 

The legislative department makes, the executive de- 
partment executes, and the judicial department in- 
terprets the law. The legislative department may com- 
mit certain powers to the other departments. 

What is the limit of this discretion ? 

Congress cannot delegate to the courts, nor to the 
executive, powers strictly legislative. 

What is a prominent principle in our form of government ? 
The repeated denial by the people of any arbitrary 
power to the legislative department. 

Of what rights are the people of the United States very tenacious ? 
Of their political rights. 

What does the Declaration of Independence say of the legislative 
powers ? 

That they are incapable of annihilation. 

How is encroachment guarded against ? 

By making the qualifications, period of holding office, 
and the duties of the same, different in the three 
departments. 

Which department is regarded as superior ? 

The legislative ; it being the law-making branch of 
the government. 



52 THE CONSTITUTION. 

What is the division of the legislative department ? 

Into two branches. The Senate and the House of 

Representatives. 

Why this division ? 

That each branch may have a negative on the legis- 
lation of the other branch. 

Why this negative ? 

To prevent hasty and injudicious legislation, and 
thus promote confidence in the government, and the 
prosperity of the whole country. 

What is affirmed respecting the legislative powers ? 

That there are restrictions on the legislative powers 
of government not found in our State Constitutions nor 
in the Constitution of the United States. 

Note. — Judge Story says, " A government founded by the people, for 
themselves and their posterity, and for objects of the most momentous 
nature, requires that every interpretation of its powers should have a con- 
stant reference to these objects " ; and Judge Chase says, " There are cer- 
tain vital principles in our free republican governments which will deter- 
mine and overrule an apparent and flagrant abuse of legislative power. 
An act of the Legislature (for I cannot call it a law) contrary to the great 
first principles of the social compact cannot be considered a rightful exer- 
cise of legislative authority." — 3 Dallas's S. C. Reports, 386. 

Section II. 
the house of representatives. 

Recite this clause. 

1. The House of Representatives shall he composed 
of members chosen every second year hy the people of 
the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

How often are members chosen ? 

Every second year. 



THE CONSTITUTION. 53 

Why for so short a period ? 

That the members of the House may the more di- 
rectly represent the views of the people in the legis- 
lation of Congress. 

Who may be electors ? 

Those who possess the qualifications for electors of 
members of the most numerous branch of the State 
Legislatures. 

Are the conditions of suffrage the same in the several States ? 

They are not, nor were they at the time of the 
adoption of the Constitution. 

Why were the qualifications of electors left to the States ? 

Because it was supposed it would result in the choice 
of members who would represent more fully the dif- 
ferent interests of the people of the several States. 

On what does the right of suffrage depend ? 

In some States, on residence and the payment of 
taxes ; in others, on residence and citizenship ; and 
in some, on the possession of a freehold of a certain 
value and the payment of taxes, or on the performance 
of military service. 

Can the States add to the qualifications for Representatives ? 

The States cannot require any qualifications addi- 
tional to those of the Constitution. 

Does a member of the House represent the constituents of his own 

State only ? 

He does not. He is a representative of the people 

of the United States, and his duties should be bounded 

by the limits and general welfare of the whole nation. 

What may be remarked of the operations of the national govern- 
ment ? 

They become more complex and comprehensive with 

the increase of population and the commercial relations 

of the country. 



54 THE CONSTITUTION. 

Recite tMs clause. 

2. No person shall he a Representative who shall 
not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 
who shall not, ivhen elected, be an inhabitant of that 
State in which he shall be chosen. 

Why tlie age of twenty-five years named ? 

Because few persons possess the general information, 
sound judgment, and independence of character re- 
quisite for a representative of the United States at an 
earlier age. 

Why seven years' citizenship of the United States ? 

That a Representative of foreign birth may know the 
opinions and interests of his immediate constituents ; 
and that the constituents may know the character and 
ability of such Representative. 

How are we to understand the term citizen in this part of the 
Constitution ? 

The terms citizen and people of the United States 
are used as synonymous terms, and hence citizen means 
one of the people of the United States. 

Who are citizens of the United States ? 

The native-born citizens of the United States, and 
aliens, who have become citizens by naturalization. 

Can a State confer the right of citizenship ? 

No State law passed subsequent to the adoption of the 
Constitution can give the right of citizenship out of the 
limits of such State. (XIY. Amendment, Section 1.) 

Upon whom can Congress confer this right ? 

Upon aliens. 

What is meant by the phrase incipient citizen ? 

It is applied to such persons, being aliens, as have 



THE CONSTITUTION. 55 

taken out their first papers, and they are entitled to the 
protection of the United States. 

"What are the rights of naturalized citizens ? 

They are entitled to all the rights of citizenship^ 
with such exceptions as are prescribed in the Constitu 
don and laws of the United States. 

What is meant by the term inlidbitant of a State ? 

An inhabitant of a State is one who is a resident of 
the State, subject to its laws, and entitled to the rights, 
privileges, and protection of such laws. 

Recite this clause. 

3. Representatives and direct taxes shall be appor- 
tioned among the several States ivhich may he included 
within this Union, according- to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of \_free'\ * persons, including those hound to service 
for a term of years, and excluding Indians not taxed 
[three fifths of all other persons J\ * The actual enumera- 
tion shall be made within three years after the first 
meeting of the Congress of the United States, and with- 
in every subsequent term of ten years, in such manner 
as they shall by laio direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, 
but each State shall have at least one representative ; 
and until such enumeration shall be made, the State of 
New Hajnpshire shall be entitled to choose three, Mas- 
sachusetts eight, Rhode Island and Providence Planta- 
tions one, Connecticut five. New York six. New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten. North Carolina five. South Carolina five, 
and Georgia three. 

Who are excluded in the enumeration for Representatives ? 

Indians not taxed. 

* These phrases abrogated by the XIII. Amendment. See also XIV. 
Amendment, Section 2. 



56 THE CONSTITUTION. 

Why were mimbers diosen for the ratio of apportionment ? 

Numbers seemed a more natural rule than any other 
proposed, and less objectionable in respect to fraud or 
evasion. 

How often is the census taken? 

Every ten years. 

How often, then, will the ratio for apportionment change ? 

With each decennial census. 

What is the rule for States admitted subsequent to each appor- 
tionment ? 

The Representative or Representatives from such new 
State or States will be in addition to the number re- 
quired by the existing law of apportionment, but will 
so continue only until the next apportionment. 

What right is granted each organized Territory ? 

One Delegate in the House of Representatives, with 
the right to introduce bills and motions. Such Delegate 
has no vote on any question, but may speak on any 
subject of debate. 

What is the ratio of apportionment according to the census of 

1870? 

One Representative for every 133,678 persons.* 

Note. — The ratio for the census of 



1790 . . . . 33,000 
1800 . . . 33,000 

1810 . . . . 35,000 
1820 . . . 40,000 

1830 .... 47,700 
The number of members of the United States House of Eepresenta- 
tives, at different periods, has been as follows : — 



1840 . . . . 70,000 

1850 . . . 93,702 

1860 .... 127,316 

1870 . . . 133,678 



1793 65 

1793-1803 . . .105 

1803-1813 . . .141 

1813-1823 . . .181 
1823-1833 . . .213 



1833-1843 . . .240 
1843-1853 . . .223 
1853-1863 . . .236 
1863-1872 . . .242 
1872 283 



* According to Bill which has passed the House. 



THE CONSTITUTION. 67 

Recite this clause. 

4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
ivrits of election to fill such vacancies. 

Is the Executive to wait until informed by the House of such va- 
cancy ? 

He need not. He can receive the resignation of a 
member, and issue a writ for an election for the 
vacancy. 

When are the issue of such writs necessary ? 

In case of the sudden death or resignation of a 
member or members, and sometimes when repeated 
elections are necessary for the choice of a member. 

Recite this clause. 

5. The House of Representatives shall choose their 

Speaker and other officers ; and shall have the sole 

power of impeachment. 

Which are some of the officers included in the phrase " and other 
officers " ? 

The Clerk, Serge ant-at- Arms, Door-Keeper, and Post- 
master of the House, who hold their office until their 
successors are appointed. 

What is the present rule in respect to the appointees of the above- 
named officers ? • 

They shall be subject to the approval of the Speaker. 

How is the business of the House facilitated ? 

Through the Standing Committees, and such special 
committees as shall be appointed at each session. 

What is the object of an impeachment ? 

To bring to trial such civil officers of the United 
States, as, from imbecility or maladministration, have 
become unfit to exercise the duties of their office. 

How is the power of impeachment regarded ? 

As one of the most important class of powers of 
3* 



58 THE CONSTITUTION. 

tlie Constitution, being the only mode in wliicli the 
Judiciary is made responsible, and acting as a check 
on the Executive, and the subordinate officers of this 
department. 

Why could impeachment not be left to the ordinary courts of 
justice ? 

Because the rules relating to an impeachment are 
different from those in use in the courts of ordinary 
jurisdiction, and the object of an impeachment is be- 
yond the penalties of statute or common law. 

What is claimed by the House under this clause ? 

The right of inquiring whether the President, Yice- 
President, or any civil officer of the United States, has 
so used his office as to make it necessary for the House 
to act with a view to impeachment. 

What has the House constantly claimed ? 

The power of inspecting, inquiring into, and super- 
vising the several departments of the government. 

What may be remarked of the privileges and immunities of the 
President ? 

He has no privileges nor immunities beyond those 
of a citizen. 

AVhat would be the effect of abandoninsr the rioht to investigate ? 

It would tend to the concentration of power in the 
Executive Department, dangerous to the rights of Con- 
gress, or of the people. 

Note. — "If the House of Representatires should at any time have 
reason to believe there had been malversation in office, by an improper use 
or application of the public money by a public officer, and should think 
proper to institute an inquiry into the matter, all the archives and papei'S 
of the Executive Department, public and private, would be subject to the 
inspection and control of a committee of their body." — Message ofPresi 
dent Polk, First Session, 29th Congress. 



THE CONSTITUTION. 59 

Section m. 

THE SENATE. 

Recite this clause. 

1. The Senate of the United States shall be comr 
loosed of two Senators from each State, chosen by the 
Legislature thereof for six years ; and each Senator 
shall have one vote. 

What may be remarked of the peculiar representation in the 
Senate ? 

The perfect equality in the Senate of each State is de- 
signed to secure to the people of each State an equality 
of political power in the legislation of Congress. 

How is this equality in representation modified in practice ? 

The representation from a State often becomes mixed 
up with that of a majority of the States, through the 
Senators of such State voting on opposite sides of a 
question. 

What is the difference in the representation of a State in the 
Senate and in the House ? 

In the Senate, the representation of each State rep- 
resents equality of political power, without regard to 
population ; but the representation in the House indi- 
cates the population of a State, and its special numeri- 
cal influence on legislation. 

What is left indefinite in the Constitution in relation to Senators ? 

Whether the election of Senators shall be by a joint 
or concurrent vote of the two branches of the State 
Legislature. 

What is a concurrent vote ? 

One in wliich each branch of the State Legislature 
gives a separate and independent vote. 

What is a joint vote ? 

One in which the Senate and House of a State Legis- 
lature give a united numerical vote as one body. 



60 THE CONSTITUTION. 

Recite tMs clause. 

2. Immediately after they shall he assembled in con- 
sequence of the first election^ they shall he divided as 
equally as may he into three classes. The seats of the 
Se7iators of the first class shall he vacated at the expiration 
of the second year, of the second class, at the expiration of 
the fourth year, and of the third class, at the expiration 
of the sixth year, so that one third may he chosen every 
second year ; and if vacancies happen hy resignation, or 
otherivise, during the recess of the Legislature of any 
State, the Executive thereof may make temporary appoint- 
ments until the next meeting of the Legislature, which 
shall then fill such vacancies. 

Why is tlie Senate thus divided ? 

That at all times there maj be members in the 
Senate familiar with the legislation thereof, and that 
it may be less liable to the effects of political excite- 
ment than the House. 

How is the Senate regarded ? 

As a permanent bodj, continual and perpetual in 
its existence. 

What is the benefit of the difference in the terms of office in the 
Senate and in the House ? 

It makes the Senate more uniform in its action, and 
gives more confidence in the legislation of Congress. 
• How may a Senator's seat be vacated ? 

By a letter of resignation, addressed to the Executive 
of the State ; but the said Senator need not have received 
a notice of its acceptance to make such vacancy complete. 

What is the rule respecting an Executive appointment ? 

The Executive of a State, during the recess of the 
Legislature, can appoint only for a vacancy that has 
taken place at the time of such appointment. 



THE CONSTITUTION. 61 

When does the commission of a Senator thus appointed expire ? 
At the end of the next succeeding term of the Legis- 
lature of such State. 

Kecite this clause. 

3. No person shall he a Senator who shall not have 
attained to the age of thirty years ^ and been nine years 
a citizen of the United States^ and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

Why thirty years the minimum age for a Senator ? 

It was thought to be as soon as a person generally 
would be duly qualified, by experience and information, 
for the various duties of a Senator. 

Why nine years' citizenship of the United States ? 

It was thought as short a period as would suffice for 
an alien fully to inform himself of our institutions and 
form of government, and to free himself from prejudice 
and partiality for his native land. 

What more is required ? 

He must be an inhabitant of the State for which he 
shall be chosen. 

What is the rule of the House and of the Senate respecting the 
qualifications of Representatives and of Senators ? 

The Senate and the House of Representatives disre- 
gard all provisions of State Constitutions, and enact- 
ments of State Legislatures, limiting the people, or the 
State Legislatures, in their choice of Senators or of 
Representatives to Congress as unconstitutional. 

E-ecite this clause. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 



62 THE CONSTITUTION. 

Why the Vice-Pi esident the presiding officer of the Senate ? 

To preserve the equality of tlie States in the Senate ; 
and not representing any one State, but the people of 
all the States, it was presumed the Vice-President would 
vote in all cases as would be for the good of the people 
of aU the States. 

What other reason ? 

His position making him conversant with the busi- 
ness of Congress, he would be the more fully prepared 
for the discharge of the duties of President, in case 
of a vacancy. 

Recite this clause. 

5. The Senate shall choose their other officers, and 
also a President pro tempore, in the absence of the 
Vice-President, or ivhen he shall exercise the office of 
President of the United States. 

Which are the officers included under the term '' other officers " ? 

A Secretary, Clerk, Sergeant-at-Arms, Door-Keeper, 
Postmaster, and their subordinates in office. 

What practice has become a rule of the Senate ? 

For the Vice-President to vacate the chair of the 
Senate before the close of the session, in order that 
the Senate may choose a President pro tempore. 

Recite this clause. 

6. The Senate shall have the sole power to try all 
impeachments. Wlien sitting for that purpose, they shall 
he on oath or affirmation. When the President of the 
United States is tried, the Chief Justice snail preside ; 
and no person shall be convicted ivithout the concurrence 
of two thirds of the members present. 

Why is this power vested in the Senate V 
The power of impeachment being in the House, it 
was deemed best that the right to try the impeachment 



THE CONSTITUTION. 63 

slioiild be in the Senate, in order that the same body 
might not be the accuser and the judge. 

What class of cases are involved in an impeacliment ? 
PoUtical and judicial questions, not provided for by- 
positive statute law, as in other cases. 
What is the object of an impeachment ? 

To see if just cause exists for the removal of a public 
officer from his office. 

Upon what should judgment be based ? 

Upon general and comprehensive principles in the 
discharge of the duties of public office. 

Why two thirds necessary to convict ? 

As a check to the party spirit likely to exist in a 
case of impeachment. 

Where is the power of impeachment under the British Constitu- 
tion ? 

The House of Commons have the sole right of im- 
peachment, and the House of Lords have the sole power 
to try all impeachments. 

What number required for a judgment in the House of Lords ? 

The concurrence of at least twelve members. 

Recite this clause. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office^ and disqualification 
to hold and enjoy any office of honor ^ trusty or profit 
under the' United States; but the party convicted shall 
nevertheless he liable and subject to indictment, trial, 
judgment, and punishment, according- to law. 

How does the judgment in the House of Lords differ from that of 
the Senate ? 

In the House of Lords, it extends to the punishment 
of the crime, including capital punishment, banishment, 
forfeiture of goods and lands, fines, and imprisonment. 



64 THE CONSTITUTION. 

Section TV. 

Recite tliese clauses. 

1. The times, places, and inanner of holding' elections 
for Senators and Representatives shall he prescribed in 
each State by the Legislature thereof : but the Congress 
may, at any time, by law, make or alter such regula- 
tions, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday 
in December, unless they shall by law appoint a different 
day. 

What objection lias been made to tte first clause ? 

That the power given to Congress over the elections 
of Senators and Representatives, is one contrary to 
the interest of the people of the separate States. 

How is this objection answered ? 

That such final power must be either in Congress, 
or with the separate States, and it was thought best 
it should be in Congress. 

Why was it not left to the States ? 

Because, in a time of intense party excitement, the 
existence of the national Congress might be at the 
mercy of the State Legislatures. 

What is secured by the second clause ? 
An annual meeting of the national Legislature is 
made certain, beyond the control of State legislation. 

When does the constitutional term of Congress expire ? 

At twelve o'clock at noon of the 4th of March. 

Note. — If the Legislature of any State fails to prescribe the times, 
places, and manner of holding the elections as required by the Constitution, 
the Governor of such State in case of any vacancy shall give a reasonable 
notice in his writ of election of the times, places, and manner of holding 
such election for the election of Senators. — See Act of July 25, 1866; 
14 United States Statutes, pp. 241, 242. 



THE CONSTITUTION. 65 

Section V. 

Recite these clauses. 

1. Each house shall be the judge of the elections^ 
returns^ and qualifications of its own members^ and a 
majority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, 
and may be authorized to compel the attejidance of 
absent members, in such manner and under such pen- 
alties as each house may provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two thirds, expel a member. 

How are the returns of the State authorities regarded ? 

As prima facie evidence of an election of a member, 
but are not conclusive on either house. 

What is the effect of a refusal of the Executive of a State to give 
a certificate of election ? 

It does not prejudice the right of such member to 
his seat, and if entitled to it he will hold it. 

What advantage in having a definite number for a quorum ? 

It makes it difficult for a number, less than a major- 
ity of each house, successfully to impede the legisla- 
tion of Congress, by withdrawing themselves from either 
house. 

What is the object of the second clause ? 

To aid in the order of business, and preserve the 
decorum of either house. 

What is the rule for expulsion ? 

Expulsion may be for any misdemeanor inconsistent 
with the trust and duties of a member of Congress. 

What is the rule in regard to contempt ? 
. By the common law, each house claims the rigiit to 
punish persons, not members of Congress, for contempt. 



66 THE CONSTITUTION. 

What is the extent of the punishment for contempt ? 
Imprisonmeut until the adjournment or dissolution 
of Congress. 

Recite this clause. 

3. Each house shall keep a journal of its proceeding's, 
and from time to time publish the same, excepting" such 
parts as may, in their judgment, require secrecy; and 
the yeas and nays of the members of either house on 
any question shall, at the desire of one fifth of those 
present, be entered on the journal. 

What is the object of this clause ? 

To give publicity to the acts of Congress. 

How is permanent publicity given to the acts of individual mem- 
bers ? 

By an entry on the journal of each house, respec- 
tively, of the yeas and nays of the members of either 
House on any question or resolution. 

Recite this clause. 

4. Neither house, during the session of Congress, 
shall, ivithout the consent of the other, adjourn for more 
than three days, nor to any other place than that in 
which the tivo houses shall be sitting. 

Why this restriction ? 

To prevent a majority in either House from inter- 
rupting for more than three days the legislation of 
Congress. 

Section VI. 

Recite this clause. 

1. The Senators and Representatives shall receive 
a compensation for their se7'vices, to be ascertained by 
law,'and paid out of the treasury of the United States. 
They shall, in all cases except treason, felony, and breach 



THE CONSTITUTION. 67 

of tiie peace ^ be privileged from arrest during their at- 
tendance at the session of their respective houses, and 
in going to and returning from the same ; and for 
any speech or debate in either house, they shall not 
be questioned in any other place. 

What was the former compensation of members of Congress ? 

A per diem allowance, with mileage in going to 
and in returning from Congress. 
What is the present compensation ? 

Five thousand dollars per annum, with mileage at 
twenty cents per mile of the nearest estimated dis- 
tance. (14 United States Statutes, p. 323.) 

What is the compensation of the Speaker and of the President 
pro tempore of the Senate when acting as Yice-President ? 

Eight thousand dollars per annum, with the estimated 
mileage. 

Why are peculiar privileges given to members by this clause ? 

That their constituents may not be deprived of their 
services, nor members interrupted in or detained from 
the discharge of their duties. 

What other rights under this clause ? 

A member in case of an arrest may be discharged 
by a writ of habeas corpus. He may have an action 
of trespass on his privilege, and the arrest may be 
punished as a contempt of the House. 

Recite this clause. 

2. No Senator or Representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments where- 
of shall have been increased, during such time ; and 
no person holding any office under the United States 



68 THE CONSTITUTION. 

shall he a member of eitlier house during his coyitinuajice 
in office. 

What is one object of this clause ? 

To prevent the creating of new offices, or tlie in- 
creasing the emoluments of any existing offices, and the 
appomtment of members of Congress to such offices. 

What other object ? 

To serve as a check to the increase of the power 
of the executive department over the legislative de- 
partment, through the appointment to office. 

How can a member be appointed to an existing office ? 

By resigning his seat in Congress. 

What is the rule respecting a person holding an office under the 
United States, but elected to Congress ? 

His holding such office is not a disqualification for 

being a member of Congress, but the office must be 

resigned before taking his seat as a member of either 

House. 

Section VII. 

Recite this clause. 

1. All bills for raising revenue shall originate in the 
House of Representatives ; hut the Senate may propose 
or concur with amendments, as on other hills. 

Why should these bills originate in the House ? 

Because the House is the more immediate represent- 
ative of the wishes of the people than the Senate. 

What is the advantage from the power of the Senate over these 
bills ? 

The equal influence of the States is protected from 
the power of the larger States through their increased 
representation in the House of Representatives. 



THE CONSTITUTION. 69 

Wliat is thus prevented ? 

Taxes, laid by these bills, tliat might bear with se« 
verity on the smaller States. 

Recite these clauses. 

2. Every hill which shall have passed the House of 
Representatives and the Senate shall ^ before it become 
a law^ be presented to the President of the United 
States ; if he approve^ he shall sign it; but if not, he 
shall return it, ivith his objections, to that house in 
which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to 
reconsider it. If, after such reconsideration, two thirds 
of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if ap- 
proved by two thirds of that house, it shall become a 
law. But in all such cases, the votes of both houses 
shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. 
If any bill shall not be returned by the President luithin 
ten days (^Sundays excepted^ after it shall have been 
presented to him, the same shall be a law, in like man- 
ner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall 
not be a law. 

3. Every order, resolution, or vote to which the 
concurrence of the Senate and House of Represent- 
atives may be necessary, (except on a question of ad- 
journment,^ shall be presented to the President of the 

United States ; and, before the same shall take effect, 
shall be approved by him, or, being disapproved by him, 
shall be repassed by two thirds of the Senate and House 



70 



THE CONSTITUTION. 



of Representatives^ according to the rules and limita- 
tions prescribed in the case of a bill. 

When does a bill, resolution, or order become a law ? 

From the time the President signs it, and it acts 
prospectively. 

What is the rule of the Senate for passing a biU over the veto of 
the President ? 

That two thirds of a quorum only are necessary to 
pass a bill over the veto of the President, and not two 
thirds of the whole Senate. (See Senate Journal, 7th 
July, 1856.) 

What is the character of a veto ? 

It is a qualified negative, as any bill or resolution 
can be repassed and become a law, by a vote of two 
thirds of each house. 

Why is this negative granted ? 

As a check on the encroachment on the rights and 
powers of one department over another department by 
legislation. 

How is the veto regarded ? 

As a check to hasty and unconstitutional legislation. 

How was it supposed the President would view a bill ? 

Being the more direct representative of the whole 
nation, it was concluded he would be less under the 
influence of sectional opinions than members of Con- 
gress. 

Why is the veto thus extended in the third clause ? 

That Congress may not pass, under the name of an 
order, resolution, or vote, what has already been ve- 
toed as a bill. 

What is the rule in the case of a joint resolution ? 

" A joint resolution approved by the President, or 
duly repassed without his approval, has all the effect of 
law." (6 Opinions of Attorneys-General, 682.) 



^ THE CONSTITUTION. 71 

What is the rule respecting the separate resolutions of either 
House ? 

They have no power over the President, or the heads 
of the Departments, unless within the parliamentary 
rights of such house. (6 Opinions of Attorneys-Gen- 
eral, 683.) 

What seems to have been a prominent object with the framers of 
the Constitution ? 

Such a distribution of the power of government 
among the several departments, that not any one of the 
three departments should exercise the powers peculiar 
to the other two departments. 

Note. — The proper time for each department, as a co-ordinate branch 
of the national government, to exercise its influence over a bill, resolu- 
tion, or order, seems to be as follows: — The Legislative department 
should do it at the time of making, amending, or repealing a bill, resolu- 
tion, order, or law of Congress, The Executive should do it before he 
signs a bill, resolution, or order, thus making it a part of the supreme 
law of the land ; and the Judiciary should do it, when a law comes before 
the Supreme Court in a case within their jurisdiction. 

Section YIII. 
powers granted to congress. 

Recite this clause. 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common 
defence and general welfare of the United States ; hut 
all duties, imposts, and excises shall be uniform through- 
out the United States. 

Into what two classes may the taxes here mentioned be divided ? 
Direct and indirect. 
"Which are the direct ? 

Taxes upon persons and upon land. 



72 THE CONSTITUTION. 

Which are the indirect ? 

Taxes on articles of consumption, including duties, 
imposts, and excises. 

How must direct taxes be laid ? 

They must be apportioned among the several States, 
according to their respective population by the census 
last taken. 

Why is uniformity required in indirect taxes ? 

To prevent Congress from legislating in such a man- 
ner as shall favor one State or section of the Union 
above another State or section. 

Note. — A few of the important decisions of the Supreme Court on the 
power of taxation under this clause of the Constitution are given, and also 
the authorities for reference, to aid such as may desire more full informa- 
tion on this point. 

The power granted by this clause to lay and collect taxes, duties, im- 
posts, and excises, is coextensive with the territory of the United States. — 
5 Wheaton's S. C. Reports, 317 - 325. 

The power of Congress for taxation is plenary for national objects, in- 
cluding direct taxes, duties, imposts, and other classes of indirect taxes 
not included in either of the above-mentioned classifications. — 3 Dallas^s 
S. C. Reports, 171. 

Congress cannot impose a tax for purposes within the exclusive sov- 
ereignty of the States. — 9 Wheaton's S. C. Reports, 199. 

The sovereignty of a State includes everything that exists by its own 
authority, or is introduced by its permission. — 4 Wheaton's S. C. Re- 
ports, 429. 

"The States have no power, by taxation or otherwise, to retard, im- 
pede, burden, or in any manner control the operation of th^ constitutional 
laws enacted by Congress to carry into execution the powers vested in the 
general government." — 4 Wheaton's S. C. Reports, 436. 

Cars, stages, or carriages, owned by individuals, and used in transport- 
ing the mail, may be taxed by a State, if taxed at the same rate as other 
property. — 7 Howard's S. C. Reports, 402. 

Taxes for State purposes cannot be imposed on the salaries or fees 
allowed by the laws of the United States to officers in the service of the 
United States. — 16 Peters's S. C Reports, 435 - 450. 

The loans of the government of the United States are not liable to 



THE CONSTITUTION. 73 

taxation by the States of this Union. — 2Peters's S. C. Reports, 449- 
480. 

The Supreme Court of the United States has recently decided "that 
the Salaries of all necessary agencies for the legitimate purposes of State 
Government are not proper subjects of the taxing power of Congress." 
The Court further declared that a tax upon the Salary or Emoluments 
of an officer, who is a necessary agent for carrying into effect the legiti- 
mate powers of a State Government, is unconstitutional. — 11 Wallace's 
S. C. Reports, pp. 122-128. 

The agencies of the Federal Government are only exempt from State 
legislation so far as that legislation may interfere with, or impair their 
efficiency in performing the functions by which they are designed to serve 
that Government. — 9 Wallace's S. C. Reports, p. 362. 

The power of taxation is concurrently exercised by the National and 
the State Governments to a certain extent, but Congress can withdraw 
the exercise of this power by a State over such property as comes within 
the powers conferred on the National Government, and which, when exer- 
cised by Congress, is exclusive of and supreme over the legislation of a 
State. 

The power of taxation is essential to the existence of government, and 
it is limited by the exigencies of the government. This power is in- 
trusted to the legislators, and any abuse of it arising from unwise or 
unjust legislation is guarded against by the influence of the constituents 
over their Representatives. 

Under any form of government the power of taxation is liable to be 
abused. Such abuse of the taxing power is incident to human nature 
and to human institutions. Much must be left to the discretion, the wis- 
dom, and the honesty of the legislative department, and any evil results 
within the powers conferred in the Constitution can be remedied by a 
change in the Representatives. 

In the framing of constitutions, and in the organization of govern- 
ments under them, plenary power for all the purposes of civil govern- 
ment is vested in the legislative department, subject to the limitations 
contained in the Constitution of the United States, or in the Constitution 
of each separate State. Experience has shown the need of these consti- 
tutional restraints, especially in the exercise of the power of taxation. 



74 THE CONSTITUTION. 

Recite tMs clause. 

2. To borrow money on the credit of the United 
States. 

Why was this power granted ? 

Because indispensable to carry on the government 
in a time of war with foreign nations, or during a 
domestic rebellion, when the usual means of revenue 
are inadequate for the expenses of the government. 

What may be remarked of this power ? 

It cannot be controlled or in any manner modified 
by State legislation. 

How is it limited ? 

By the discretion of Congress and the wants of the 
national government. 

How is the power oLthis clause made applicable ? 

By Congress authorizing the President to borrow 
money on the credit of the United States. 

What proofs of indebtedness are given by the government ? 

Certificates of stock are issued, with the consent of 
the President, by the Secretary of the Treasury to the 
creditors of the government. 

How are these certificates transferable ? 

They are transferable on the books of the Treasury. 

Note. — The Secretary of the Treasury, when required, shall cause to 
be attached to any certificate coupons of interest, and such certificate or 
certificates having coupons attached may be transferred by delivery, or by 
an indorsement in blank. — 5 Opinions of Attorneys-General, 100. 

So, also, the government sometimes makes use of treasury-notes, for the 
purpose of raising money on the credit of the United States. These notes 
are issued under an Act of Congress. 

These notes may be transferred by delivery and assignment indorsed 
thereon, by the person to whose order they shall have been made payable, 
and they may be used in payment of all duties and taxes laid by Congress, 
and in payment of the sale of the public lands, and of all debts of the United 
States due and payable at the time such treasury-notes may be off'ered for 
such payment. 



THE CONSTITUTION. 75 

The interest of such treasury-notes ceases at the expiration of sixty clays' 
notice, after the maturity of such notes. — 9 United States Statutes, 118. 

Kecite this clause. 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

How is the term commerce used in this clause V 

It includes intercourse for purposes of trade, and all 
the means by which this intercourse is carried on, 
whether through the navigation of the waters of the 
several States, or by overland passage through those 
States. 

What is the extent of this power ? 

It is complete in itself, and acknowledges no limita- 
tions, excepting those prescribed in the Constitution. 
(9 Wheaton's S. C. Reports, 196 ; 9 Howard's S. C. 
Reports, 560.) 

What are those limitations ? 

Such as, in the discretion of Congress, are needed, 
to provide for the common defence and promote the 
general welfare. 

How may the commercial policy of a nation be regarded ? 

As one of the most important means of national 
development, prosperity, and civilization. 

What is the basis of commerce ? 

Agriculture, manufactures, mining, fishing, and lum- 
bering. 

What are some. of the modifying causes ? 

The productions, consumption, and geographical po- 
sition of a state or nation. 

What other causes depending more particularly on the people ? 

The laws affecting the security and distribution of 
property, the special character of the people, the growth 
of towns and cities, and the means of communication. 



76 THE CONSTITUTION. 

Wliat was one of tlie principal reasons for forming the Constitu- 
tion ? 

The want of power under the Articles of Confedera- 
tion to make uniform and necessary regulations for the 
commerce of the United States. > 

What construction has been given to this clause ? 

It includes the navigation of the high seas, bays, 
harbors, lakes, and navigable waters of the United 
States, without regard to the ebb and flow of the tide. 

What has been the general practice of the government in its laws 
relating to commerce ? 

So to discriminate in its revenue laws as to encour- 
age the agricultural and manufacturing interest of the 
country. 

What is the rule respecting the Indian tribes ? 

They are considered under the control and protection 
of the United States, and Congress may prohibit all 
intercourse with them except by a license. 

How are the Indian tribes regarded ? 

As a political state under guardianship, and they 
may sue in the courts of the United States. 

What decision has the Supreme Court made respecting the In- 
dian lands ? 

The exclusive right of pre-emption of the Indian 
lands within the territories of the United States be- 
longs to Congress. 

Note. — Each State has the exclusive power to regulate its internal 
domestic commerce between man and man within its limits, providing its 
laws for such regulation do not interfere with a law of Congress or any 
treaty stipulation. — 9 Wheaton's S. C. Keports, 194-196; 5 Howard's 
S. C. Reports, 504-588. 

It is a general rule of construction, that the powers enumerated in the 
Constitution are limited to specific objects, and that where a power is 
granted all the means necessary to give eifect to the power are included. 
This rule should be kept in mind in studying the Constitution. 



THE CONSTITUTION. 77 

Recite this clause. 

4 To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States. 

What principle is affirmed by this clause ? 

The right of a person to expatriate himself from one 
nation, and become a citizen of the United States. 

What was the practice under the Articles of Confederation ? 

Each State possessed the power of naturalization, 
and the want of uniformity in their laws must soon 
have resulted in questions of some considerable diffi- 
culty of adjustment. 

What may be remarked of the extent of this power ? 

It is exclusively vested in Congress, and they may so 
exercise the power as they shall deem best for the 
general welfare, provided the laws of naturalization are 
uniform in their operations. 

What laws have been passed under this clause ? 

The Act of 1802, modified by the Acts of 1804, 1813, 
1816, 1824, 1828, 1848, and 1862. 

What are the leading principles of these acts ? 

That there may be no discouragement to immigra- 
tion, and no unreasonable hinderances in obtaining the 
right of citizenship. 

What is required in the oath of allegiance ? 

That the renunciation of any former allegiance be 
entire, and a complete adoption of the principles and 
interests of the people of the United States. 

What limitation is imposed by the Constitution ? 

A naturalized citizen cannot be President or Yice- 
President of the United States. 

What rights may the States confer on aliens ? 

Any municipal State rights, according to the discre- 



78 THE CONSTITUTION. 

tion of the State ; but the right of citizenship granted to 
an alien by a State cannot include the right of citizen- 
ship of the United States. 

How should the rights and duties of citizenship be regarded ? 

As the most valuable and responsible civil trusts 
yet granted by any government. 

AVhat is the object of bankrupt laws ? 

To secure to creditors an equitable distribution of 
the property of a debtor, and to give to the debtor a 
legal discharge from his liabilities to his creditors. 

What may be remarked of the laws of bankruptcy between dif- 
ferent states and nations ? 

Being a part of the municipal law of each state or 
nation, they have no effect beyond the territorial limits 
of such state or nation. 

How many acts of bankruptcy have been passed by Congress ? 

Three, the Act of April, 1800, repealed in 1803, the 
Act of August, 1841, repealed in 1843, and of 1867. 

Note. — Citizenship of the United States is not dependent on the pos- 
session and exercise of any particular civil or political rights (19 Howard's 
S. C. Reports, 583), and what citizens may exercise the right of the elec- 
tive franchise, or enjoy special civil rights and privileges in any State, de- 
pends on the local laws of such State. 

The Insolvent Laws of any State are confined in their effects to the citi- 
zens of the State having passed such laws, and they cannot discharge 
antecedent debts, but only those contracted after the passing of such laws. 
(4 Wheaton's S. C Reports, 122; 12 Wlieaton's S. C. Reports, 273.) An 
alien, who has acquired land in one of the States before his naturalization, 
may hold it by virtue of a subsequent naturalization ( 1 1 Wheaton's S. C. Re- 
ports, 332) ; and an alien being a resident of the United States can sue in 
the several courts of the United States (7 Peters's S. C. Reports, 413). 

Kecite these clauses. 

5. To coin moyiey^ regulate the value thereof^ and 
of foreign coin, and fix the standard of weights and 
measures. 



THE CONSTITUTION. 79 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

Why tlie power given in these clauses ? 

To insure uniformity in tlie currency of the United 
States, and in the weights and measures of the several 
States, as indispensable to the wants of commerce. 

Note. — Under the sixth clause, Congress has made the counterfeiting 
the securities or the current coins of the United States, the foreign coins 
received by the United States, the certificates of public stock, or letters- 
patent, felony punishable by fine and imprisonment. 

Recite this clause. 

7. To establish post-offices and post-roads. 

What is the object of this clause ? 

To facilitate the transmission of intelligence, and to 
furnish to the government and to individuals safe, 
speedy, and efi&cient means for certain business com- 
munications. 

What laws have been passed under this clause ? 

Those for the regulation of post-ofl&ces and post-roads, 
and for the punishment of offences against such laws. • 

Note. — The Post-Of&ce Department is restricted to the use of the roads 
laid out under State laws ; but having adopted such roads, the States can- 
not interpose any obstructions to their use for the mail service. So also, 
an order from the War Department making a railroad, or any road within 
a State, a military road, will prohibit a State from interposing any ob- 
struction to its use for such purposes. 

The punishment for ofi'ences against the post-office laws is a fine, or a 
fine and imprisonment for not less than two years nor more tban twenty, 
according to the nature of the offence. The punishment in case of convic- 
tion a second time for robbing the mail, or attempting to rob the mail by 
the use of dangerous weapons, and thereby wounding the person having 
the custody of the mail, or putting his life in jeopardy, is death. — 4 United 
States Statutes, 107. 

Recite this clause. 

8. To promote the progress of science and useful 
arts, by securing, for limited times, to authors and 



80 THE CONSTITUTION. 

inventors^ the exclusive right to their respective ivrit- 
ings and discoveries. 

What laws have been passed to give effect to this clause ? 

The laws of copyright and of patents. 

AVho are entitled to a copyright, and for what ? 

Any person, being a citizen of the United States, or 
a resident therein, who shall be the author of a new 
and original arrangement or combination of materials, 
whether new or old, will be entitled to a copyright 
therein. 

For how long a period is a copyright given ? 

For twenty-eight years from the time of recording 
the title as the statute directs, and a renewal for four- 
teen years, for the benefit of the author or his heirs. 

On what does the right of an author rest ? 

On an act of Congress. 

In what has an author a right at common law ? 

In his manuscript, and by injunction, he may have a 
remedy against any unlawful use of his manuscript by 
the public. • 

How may a copyright be assigned ? 

By deed, acknowledged and recorded as the statute 
requires. 

For how long a time are patents now granted ? 

For seventeen years, without any extension ; and 
designs may be patented for three and one half years, 
for seven years, and for fourteen years, as the applicant 
may elect. (Act of 2 March, 1861.) 

For what may a patent be granted ? 

For any new and useful art, machine, manufacture, 
or composition of matter ; or any new and useful im- 
provement on either of the above things, not known 
or used by others in this country. 



THE CONSTITUTION. 81 

What may be remarked of the Act of 2 March, 1861 ? 

It cuts off the intrigue and corruption practised in 
the former renewal of valuable patents, and will tend 
to diminish the extension of patents by Congress. 

What right is secured respecting witnesses ? 

The right of contestants to summon witnesses, and 
to enforce their attendance. ^ 

What recent important decision has been made by the United 
States Court? 

That an unreasonable delay, by the applicant for a 
patent, in pushing his application to the court of last 
resort provided in such cases, amounts to an abandon- 
ment of his right to a patent. (Decision of Judge 
Merrick, United States Circuit Court, D. C.) 

What changes in favor of aliens are made by the Act of 1861 ? 

Those included within the eleventh section of the 
Act of 2 March, 1861, may take out patents on the same 
terms as citizens of the United States, excepting aliens 
of those countries which discriminate against the United 
States. 

Note. — " The power of Congress to legislate upon the subject of 
patents is plenary by the terms of the Constitution; and as there are no 
restraints on its exercise, there can be no limitation of their right to 
modify, at their pleasure, the law respecting patents, provided they do not 
take away the rights of property in existing patents. 

" Congress has general power, under the Constitution of the United 
States, to grant patents to inventors; and it rests in the sound discretion 
of Congress to say when and for what length of time, and under what 
circumstances, the patent for an invention shall be granted. 

" There is no restriction which limits the power of Congress in extending 
a patent to cases where the invention had not been known or used by the 
public. All that is required is that the patentee should be the inventor. 

" In America, the more liberal policy has always prevailed, from the 
time when patent rights came under the protection of the general govern- 
ment ; and the rule has been often laid down by the courts of the United 
States with a good deal of strength, — as if in obedience to the spirit of 
the Constitution, — that patents ought to be construed hberally. Per- 
4* F 



82 THE CONSTITUTION. 

haps the general language which has thus been employed by judges 
would lead to the conclusion, that the leaning of the courts is, system- 
atically, in favor of the patentee and against the public; but this tendency 
has not been exhibited so strongly, in practice, as to derange the adminis- 
tration of the law. 

" The truth is, a patent should be construed as, what it really is, in 
substance, namely, a contract or bargain between the patentee and the 
public, upon those points which involve the rights and interests of either 
party." 

Kecite this clause. 

9. To constitute trihmals inferior to the Supreme Court. 
What laws have been passed under this clause ? 

The laws establishing the Circuit Courts, the District 
Courts, and the Court of Claims, and defining the juris- 
diction of each respectively. 

Recite this clause. 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law of 
nations. 

How is piracy defined ? 

As robbery on the high seas. 

What is meant by felonies ? 

They include those crimes which at the common law 
caused a forfeiture of lands and goods, and were gener- 
ally punished by death. 

How is the term Jiigh seas used in this clause ? 

It embraces all the waters of the ocean at full sea, 
but not including creeks and inlets within the territo- 
rial limits of a state or nation. 

Recite these clauses. 

11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water : 

12. To 7'aise and suppoi^t armies; hut no appropria- 



THE CONSTITUTION. 83 

tion of money to that use shall be for a longer term 
than two years : 

13. To 'provide and maintain a navy : 

14. To make rules for the government and regulation 
of the land and naval forces : 

15. To provide for calling forth the militia to ex- 
ecute the laws of the Union, suppress insurrections^ and 
repel invasions : 

16. To provide for organizing, arining, and disci- 
plining the militia, and for governing such part of 
them as may be employed in the service of the United 
States, reserving to the States respectively the appoint- 
ment of the officers, and the authority of training the 
militia according to the discipline prescribed by Con- 
gress, 

How may these clauses be regarded ? 

These clauses, with the clause making the President 
commander-in-chief of the army and navy, and of 
the militia of the several States when called into the 
service of the United States, are the war powers of the 
national government. 

How are the war powers of a nation regarded ? 

They are the highest attributes of sovereignty, neces- 
sary for the security of a nation, and often involving 
its prosperity and existence. 

What may be observed of the powers conferred by these clauses ? 

They are very extensive, and, with an efficient ex- 
ecutive, cannot fail of being adequate in case of foreign 
war, domestic insurrection, or opposition to the laws of 
the United States. 

What does the third section of the second article require of the 
President V 

That he shall take care that the laws of the United 
States be faithfully executed. 



84 THE CONSTITUTION. 

What does the President declare under oath ? 
Tliat he will to the best of his ability preserve, pro- 
tect, and defend the Constitution of the United States. 

By whom must war be declared, and by whom carried on, under 

the Constitution ? 

War must be declared by Congress, and it is the duty 
of the President to see that the war is effective of the 
object for which it is carried on. (8 Cranch's S. C. 
Reports, 153, 154) 

What important decision has the Supreme Court made under the 
eleventh clause ? 

That the power of declaring war and making treaties 

includes the power of acquiring territory, either by 

conquest or by treaty. (1 Peters's S. C. Reports, 542.) 

What are letters of marque and reprisal ? 

They are commissions from the national government 
to private armed vessels, authorizing them to make re- 
prisals on the private property of adversaries. 

How are such letters regarded ? 

They denote the incipient stages of hostility between 
nations, and generally lead to a declaration of war. 

Note. — The recognition of the right to grant or issue letters of marque 
and to commission privateers, is a virtual admission of the existence of such 
nation, as none but established nations have the right to grant letters of 
marque and privateering commissions. 

What is the law of nations in reference to private individuals fit- 
ting out vessels to make reprisals ? 

If any person, a citizen or subject of one nation, fits 
out a vessel for the purpose of making reprisals upon 
the property of the citizens or subjects of another 
nation with which his own nation is at peace, such act 
of itself constitutes a piratical act. 

Note. — By the ninth section of the Act of 30th April, 1790, it is pro- 
vided, that any citizen of the United States who shall commit any piracy or 



THE CONSTITUTION. 85 

robbery on the high seas, or any act of hostility against the United States, 
or any citizen thereof, upon the high seas, under color of any commission 
from any foreign prince or state, or on pretence of authority from any per- 
son, such offender shall be deemed, adjudged, and taken to be a pirate, and 
on being convicted shall suffer death. — 1 United States Statutes, 113. 

So also, by the third section of the Act of 15th May, 1820, it is provided, 
that if any person shall, upon the high seas, or in any open roadstead, or 
in any haven, basin, or bay, or in any river where the tide ebbs and flows, 
commit the crime of robbery in or upon any ship or vessel, or upo-n any 
of the ship's company of any ship or vessel, or the lading thereof, such 
person shall be adjudged a pirate, and shall on conviction of the aforesaid 
crime suffer death. — 3 United States Statutes, 600. 

What power is conferred by the last part of the eleventh clause ? 

It authorizes Congress to pass a law to confiscate 
the property of enemies within the United States at 
the time of the declaration of war. (8 Cranch's S. C. 
Reports, 121-129.) 

Why the limitation in the twelfth clause ? 

To prevent the creation and continuance of a stand- 
ing army contrary to the wishes of the people. 

What may be observed of the thirteentli clause ? 

The power in reference to the navy is unlimited, 
and may be exercised to such an extent as shall be 
adequate to the safety and to the commercial wants of 
the United States. 

What is the law in relation to crimes committed on board of ships 
of war? 

They are exclusively within the jurisdiction of the 
courts of the United States. 

What power granted in the next two clauses ? 

That of the United States over the militia of the 
several States, and the purposes for which they may be 
called into the service of the United States. 

Who is the judge when an exigency for the use of the militia of 
the State exists ? 

The President is the exclusive judge of such facts. 
(12 Wheaton's S. C. Reports, 30.) 



86 THE CONSTITUTION. 

When are tlie militia of the States in the service of the United 
States ? 

As soon as mustered at the place of rendezvous, and 
the States have concurrent authority with the United 
States over their militia respectively, until they arrive 
at such place of rendezvous. (5 Wheaton's S. 0. Re- 
ports, 20.) 

Note. — By the Act of 28th February, 1795, the President is authorized 
to call out the militia of the several States, whenever the United States is 
invaded or in danger of invasion from a foreign power, or in case of insur- 
rection in any State, or when the laws of the United States are so resisted 
or opposed in any State as to make it necessary, so many of the militia of 
the several States as he may deem necessary, and he shall by proclamation 
command the insurgents to disperse and retire peaceably to their respective 
homes within a limited time. — 1 United States Statutes, 424. 

The Constitution contemplates the possible existence of war, and the 
war powers of the Constitution are as vast as the requirements of war ; 
and as Congress represents the sovereignty of the nation, it is armed with 
all the authority incident to the sovereignty of a nation, in a time of war, 
under the law of nations. As the law of nations is above the vn-itten 
Constitution of a nation, so no nation is justified by its Constitution, in 
violating the rights of any other nation, and in the determination of the 
riglits of nations we look only to the law of nations. The rights of war 
and the rights of peace cannot coexist and operate in the same place, at 
the same time, and on the same subject-matter, hence the rights of per- 
sons under positive laws made for a time of peace yield to the rights of 
war in a time of war. Therefore the rights of persons in a time of 
peace, so far as necessity demands, are suspended and held in abeyance 
while the war continues. 

It is the duty of Congress and of the Executive to see that the rights 
and the authority of the nation are maintained and preserved, by a vigor- 
ous and successful prosecution of the war. This being accomplished, the 
power of the Executive and of the Senate to close the war by treaty 
stipulations is as plenary as the powers to declare and carry on war. — 
Whiting's War Powers under the Constitution. Forty-third edition, pp. 
46, 47 ; Wheaton's International Law, pp. 384, 385. Eighth edition ; 
Woolsey's International Law, pp. 189, 190. Second edition. 

Recite this clause. 

17. To exercise exclusive legislation^ in all eases 
whatsoever^ over such district (not exceeding ten miles 



THE CONSTITUTION. 87 

square) as may, hy cession of particular States, and 
the acceptance of Congress, become the seat of the gov- 
ernment of the United States, and to exercise like au- 
thority over all places purchased hy the consent of the 
Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, 
and other needful buildings. 

What power is given in tliis clause ? 

That of exclusive legislation and jurisdiction over 
these places and the actions of the inhabitants within 
the places named in the clause. 

What right is permitted to the States ? 

That of executing civil and criminal process within 
such places. (6 Wheaton's S. C. Keports, 424.) 

Recite this clause. 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing poiv- 
ers, and all other powers vested by this Constitution in 
the government of the United States, or in any depart- 
ment or officer thereof 

What construction has been given to the word necessary in this 
clause ? 

It does not mean absolutely necessary, or imply the 
use of the most direct means, but it gives to Congress 
the power to pass such laws as involve the most eligible 
means for a constitutional object. (2 Cranch's S, C. 
Keports, 358 ; 4 Wheaton's S. C. Reports, 316-436.) 

Section IX. 
Recite this clause. 

1. The migration or importation of such persons as 
any of the States now existing shall think proper to 



88 THE CONSTITUTION. 

admit shall not he prohibited hy the Congress prior to 
the year one thousand eight hundred and eight; hut a 
tax or duty may he imposed on such importation, 7iot 
exceeding ten dollars for each person. 

Wtat is the object of this clause ? 

To terminate the traffic in and the increase of slaves 
by the foreign slave-trade. 

When could it be termiuated by the Constitution ? 

As soon as the year 1808, and the importation of 
slaves after the 1st of January, 1808, was prohibited 
under severe penalties by the Act of 2d March, 1807. 

What right had the States in reference to the foreign slave-trade 
under the Articles of Confederation V 

The States could have continued the trade without 
any limitation by the national government. (3 Elliot's 
Debates, 418.) 

What Acts have been passed in relation to the foreign slave- 
trade ? 

The Acts of 1794, 1800, 1807, 1818, 1819, and 1820. 

What may be remarked of the Act of 1820 ? 

By this Act the foreign slave-trade is declared piracy, 
punishable with death, and even the detaining negroes 
on board of a ship with the intent of making them 
slaves is piracy. (3 United States Statutes, 600.) 

Recite this clause. 

2. Tlie pi'ivilege of the writ of habeas corpus shall 
not he suspended, unless when in cases of rebellion or 
invasion the public safety may require it. 

"What is the object of a writ of habeas corpus ? 

To secure to every person under arrest, or impris- 
oned without just cause, the right of having his confine- 
ment, and the cause of it, investigated by a court of 
competent authority. 



THE CONSTITUTION. 89 

What does the writ require ? 

The person held in confinement to be brought before 
the court mentioned in the writ. 

At whose request may the writ be issued ? 

At the request of the person confined, or that of any 
other person making the request in his favor. 
How is this writ regarded ? 

As one of the most important securities of personal 
liberty guaranteed by the Constitution. 

What courts may issue this writ ? 

Any of the courts of the United States may issue 
this writ in cases within their respective jurisdiction. 
(4 Cranch's S. C. Eeports, 95-100.) 

When may this writ be suspended ? 

In times of rebellion or invasion, when it shall be 
deemed necessary. 

Under what authority should the suspension be made ? 
Under that of an Act of Congress. (4 Cranch's S. C. 
Eeports, 101.) 
Recite this clause. 

3. No bill of attainder or ex post facto law shall 
he passed. 

What is secured by this clause ? 

It prohibits Congress from inflicting capital punish- 
ment on persons supposed guilty of high crimes by 
means of a bill of attainder, or from passing an ex post 
facto law. 

What are ex post facto laws ? 

Laws which, after an act already done, create or 
increase the crime, or increase the punishment of such 
crime, or change the rules of evidence for the purpose 
of conviction. 



90 THE CONSTITUTION. 

Recite these clauses. 

4. No capitation, or other direct tax, shall be laid, 
unless in proportion to the census or enumeration herein 
before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by any 
regulation of co7mnerce or revenue to the ports of one 
State over those of another ; nor shall vessels bound 
to or from one State be obliged to enter, clear, or pay 
duties in another. 

What is the object of the fourth clause ? 
To secure uniformity in the taxes to be laid on 
persons or on land. 

What is the object of the fifth clause ? 

To prevent Congress from legislating in reference to 
the export trade of any State, or so discriminating in 
its laws respecting commerce as shall favor any one 
State above another State. 

How should the fourth and fifth clauses be regarded ? 

As. part of the compromise respecting representation, 
taxation, and commerce. 

Recite this clause. 

6. No money shall be drawn from the treasury, but 
in consequence of appropriations made by law ; and 
a regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time. 

What is the object of this clause ? 

To secure to Congress the control of the money 
belonging to the government of the United States. 

What is required in regard to the receipts and expenditures ? 

A regular statement of the same must be published 
from time to time for the information of Congress and 
of the people. 



THE CONSTITUTION. 91 

Recite this clause. 

7. No title of nobility shall he granted hy the United 
States ; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title 
of any kind ivhatever, from any king, prince, or foreign 
state. 

Why the restrictions of this clause ? 

To prevent civil distinctions of rank among citizens, 
to secure that equality of rights and privileges which 
is the basis of our institutions, and to act as a check 
to foreign influence. 

Section X. 
Kecite these clauses. 

1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal; 
coin money ; emit bills of credit ; make anything but 
gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
its inspection laws ; and the net produce of all duties 
and imposts laid by any State on imports or exports 
shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and 
control of the Congress. No State shall, without the 
consent of Congress, lay any duty of tonnage, keep 
troops or ships of luar in time of peace, enter into any 
agreement or co77ipact with another State., or with a 



92 THE CONSTITUTION. 

foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit of 
delay. 

How are the powers mentioned In these clauses regarded ? 

They are the supreme attributes of national sover- 
eignty, and the people of the several States in granting 
these powers exclusively to the national government 
have deprived the States of the essential elements of 
nationality. 

What conclusion must be drawn from these clauses ? 

That the people of the United States, in prohibiting 

to the States the exercise of these powers, have done 

so for the purpose of forming a more perfect union, and 

a more efficient national government. 

What powers have been retained by the people of the several 
States, or by the States respectively? 

The powers peculiar to a State's municipal authority, 
and essential to the preservation and welfare of the 
domestic institutions of the several States. 

How Is the term domestic institutions to be understood ? 

They include all those civil and other institutions of 

a State which are not limited or affected by the powers 

granted to the United States in the Constitution. 

What is a necessary inference respecting the rights of municipal 
authority ? 

That the people of one State are not responsible for 
the domestic policy or municipal laws of another State, 
and have no right to interfere therein ; each State 
being secured by the Constitution from any interfer- 
ence in its domestic policy by another State. 

What may be remarked of national sovereignty ? 

It acts upon and for the people of all the States 
and Territories of the United States as a nation. 



THE CONSTITUTION. 93 

How are we to understand tlie words agreement or compact in tlae 
second clause ? 

As relating to those agreements or compacts apper- 
taining to their municipal rights, or relations with one 
another, or with foreign nations. 

What is the design of this restriction ? 

To prevent all negotiations and intercourse between 
State authorities and foreign nations. (14 Peters's S. 
C. Eeports, 575.) 

What conclusion will these clauses warrant ? 

That no State can make war upon another State, and, 
having agreed to form a national government, no State 
can secede from the Union at its own will, or at- 
tempt to change the union or government of the United 
States by force, with impunity. 

Notes. — 1. The privilege of the writ of habeas corpus {you may have 
the body), under the Constitution, as under the Common Law, is above 
the sphere of ordinary legislation. It is a suflScient return to this writ, 
when issued by a State court, that the person demanded by the writ is in 
the custody of the Marshal, under the authority of a Court of the United 
States having jurisdiction. So also, when issued by a State Court, or by 
a Court of the United States in a time of war, it is a sufficient answer, 
that the person demanded by the writ is in the custody of a military offi- 
cer, under the authority of the Commander-in-chief of the Army and 
Navy of the United States, in a time of martial law; but "martial law 
cannot arise from a threatened invasion. The necessity must be actual 
and present ; the invasion real, such as effectually closes the courts and de- 
poses the civil administration. 

There are occasions when martial law can be properly applied. If in 
foreign invasion or civil war the courts are actually closed, and it is impos- 
sible to administer criminal justice according to law then on the theatre of 
active military operations where war really prevails, there is a necessity to 
furnish a substitute for the civil authority thus overthrown. * * * 
As necessity creates the rule, so it limits its duration, for if this [mihtary] 
government is continued after the courts are reinstated, it is a gross 
usurpation of power. Martial rule can never exist where the courts are 



94 THE CONSTITUTION. 

open and in the proper and unobstructed exercise of their jurisdiction ; it is 
also confined to the locality of actual war. 

2. A Bill of Attainder is a statute by which the offender is attainted, 
and liable to punishment, without a conviction of any crime in the ordi- 
nary course of judicial proceedings. 

There can be no Bill of Attainder in the United States. See Article 
1st, Section 9th, Clause 3d, and Section 10th, Clause 1st. 

3. The Constitution of the United States, in all its provisions, is de- 
signed for an indestructible Nationality composed of the people of inde- 
structible States of the Union, and although each State in the exercise of 
authority under its own Constitution is independent of every other State 
of the Union, in its own territorial limits and jurisdiction, yet the several 
States of the Union are not independent of the Government of the United 
States, but each State is dependent and subordinate to the extent of the 
powers vested by the Constitution of the United States in the National 
Government, and under the Constitution the States are made essential 
parts of the system of Kepublican Government established and perfected 
by the people of the United States. — 7 Wallace's S. C. Reports, pp. 76 - 
725 ; 21 Howard's S. C. Reports, pp. 516 - 517 ; Wheaton's Interna ional 
Law, pp. 82-86. Dana's edition; 11 Wallaces S. C. Reports, pp. 122- 
128. 



ARTICLE II. 
THE EXECUTIVE DEPARTMENT. 

Section I. 

Eecite this clause. 

1. The executive power shall he vested in a President 
of the United States of America. He shall hold his 
office during the term of four years, and together ivith the 
Vice-President^ chosen for the same ternij he elected as 
follows. 

"What lias been claimed for thte executive department ? 

That not only is the executive department a co-ordi- 
nate branch of the government, but is also coequal 
with the legislative department. 



THE CONSTITUTION. 95 

Is this admitted ? 

It is not, but is denied in the most emphatic terms by 
the legislative department, in accordance with the first 
section of the first article of the Constitution. 

What other reason is given for the denial of coequal authority ? 

The President, being an executive officer, must act 
by the authority of law, with such exceptions as the 
Constitution provides. 

Are the Kmitatlons of executive authority closely defined ? 

They are not, nor can they be ; much must be left 
to the discretion of the President as influenced by the 
circumstances under which he must act. 

What is one of the most difficult problems of government ? 

The organization of an efficient executive depart- 
ment. 

What was a very prominent object with the framers of the Con- 
stitution ? 

Such an organization of the executive department 
as should secure energy to the executive, without en- 
croachment on the powers of the other departments, 
and should preserve the reserved rights of the people. 

What are the essential attributes of an efficient executive ? 

Unity of plan, with energy, decision, activity, and 

secrecy in action. 

What Is the rule of the executive department respecting certain 
acts of the President ? 

An act of one President vesting rights in a citizen 
is not subject to review by his successor. (6 Opinions 
of Attorneys-G-eneral, 603-607.) 

Recite this clause. 

2. Each State shall appoint^ in such manner as the 
Legislature thereof may direct^ a number of Electors 
equal to the whole number of Senators and Represent- 



96 THE CONSTITUTION. 

atives to which the State may be entitled in Congress ; 
but no Senator or Representative^ or person holding 
an offi,ce of trust or profit under the United States, 
shall be appointed an Elector. 

What fact sliould be noticed in the second clause ? 

That in the election of President and Yice-President 
each State has the same relative influence in the College 
of Electors that such State has in Congress. 

What is the effect of this vote ? 

It secures to each State, in the election of President 

and Yice-President by the Electors, the influence it is 

entitled to by its rank and population in the Union. 

Why the prohibitions in reference to members of Congress or 
other persons ? 

To prevent, so far as can be, such officers or persons 
exercising any other influence in such election than is 
theirs as individual citizens of the United States. 

Note. — It is a duty incumbent on the members of the several State 
Legislatures, under this clause, to see that such laws are made for the elec- 
tion of Electors of President and Vice-President as shall be in agreement 
with the law of Congress for the same object. In the discharge of any 
duty imposed by the Constitution of the United States on members of State 
Legislatures, whether by positive law or necessary implication, it must be 
remembered that the National and State Governments are not coequal, 
and that in the discharge of duties as citizens of the United States and as 
citizens of an individual State, the duties imposed by the Constitution of 
the United States are supreme over those imposed by the Constitution 
of a State, because the citizens of each State, as citizens of the United 
States, recognize the Constitution of the United States, and the laws and 
treaties made under it, as the supreme law of the land, "anything in the 
Constitution or laws of any State to the contrary notwithstanding." 

What is the present law for the election of Electors by the States ? 

The Act of 23 January, 1845, requiring their ap- 
pointment in each State on the Tuesday next after the 
first Monday in the month of November of the year in 
which they are to be appointed. (5 United States 
Statutes, p. 721.) . • 



THE CONSTITUTION. 9? 

Note. — The third clause, which related to the election by Electors, is 
annulled, and its place supplied by Article XII. of the Amendments. 
This Amendment became a part of the Constitution on the 25th of Sep- 
tember, 1804. 

E,ecite this Amendment. 

1. The Electors shall meet in their respective States, 
and vote hy ballot for President and Vice-President^ one 
of whom, at least, shall not he an inhabitant of the same 
State ivith themselves ; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President ; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of 
the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the gov- 
ernment of the United States, directed to the President 
of the Senate ; the President of the Senate shall, in the 
presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be 
counted ; the person having the greatest number of votes 
for President shall be the President, if such number 
be a majority of the whole number of Electors appoint- 
ed ; and if no person have such majority, then from the 
persons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes 
shall be taken by States, the representation from each 
State having one vote ; a quorum for this purpose shall 
consist of a member or members from two thirds of the 
States, and a majority of all the States shall be neces- 
sary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March 



98 THE CONSTITUTION. 

nexffolloiving', then the Vice-President shall act as Pres- 
ident^ as in the case of the death or other constitutional 
disabilitij of the President. 

2. The person having- the greatest nu7nher of votes 
as Vice-President shall be the Vice-President^ if such 
number be a majority of the ivhole number of Electors 
appointed ; and if no person have a inajority^ then 
from the tivo highest numbers on the list the Senate 
shall choose the Vice-President : a quorum for the pur- 
pose shall consist of tioo thirds of the ivhole number of 
Senators^ and a majority of the ivhole number shall be 
necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the United States. 

What change does this Amendment make in reference to the 
Electors ? 

The Electors vote for different persons for President 

and for Vice-President. 

What change in the number of candidates from whom the House 
must choose ? 

Thej are limited to three, instead of five. 

When are the Electors of President and Vice-President to meet 
and vote ? 

On the first Wednesday in December after their 
election in their respective States. (1 United States 
Statutes, 239.) 

When must their vote be delivered to the President of the Sen- 
ate ? 

Before the first Wednesday in January next ensuing. 

When are the votes counted and the election announced ? 
On the second Wednesday in February succeeding 
the meeting of the Electors. 



THE CONSTITUTION. 99 

What Is done in case of no election by the Electors ? 

The House of Representatives proceed to the election 
of a President, and the Senate to the election of a Vice- 
President, as the Amendment provides. 

When does the Presidential term commence ? 

On the 4tli of March next succeeding the day on 
which the votes of the Electors shall have been given. 
(1 United States Statutes, 239.) 

Recite this clause. 

4. TJie Congress may determine the time of cJioosing- 
the Electors, and the day on which they shall give 
their votes ; which day shall be the same throughout 
the United States. 

When are the people required to choose the Electors ? 
On the Tuesday next after the first Monday in No- 
vember, according to the Act of 23 January, 1845. 
Recite this clause. 

5. No person except a natural-horn citizen, or a citizen 
of the United States at the time of the adoption of this 
Constitution, shall he eligible to the office of President ; 
neither shall any person be eligible to that office who 
shall not have attained the age of thirty-five years, and 
been fourteen years a resident within the United States. 

Why these provisions in the qualifications for President ? 

As a check against foreign influence, and to insure 
a person possessed of experience and information for 
che duties of that office. 

How is the term residence used in this clause ? 

It denotes a permanent residence. 

Recite this clause. 

6. In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 



100 THE CONSTITUTION. 

poivers and duties of the said office, the same shall de- 
volve on the Vice-President ; and the Congress may by 
laiu provide for the case of removal, death, resignation, 
or inability, both of the President and Vice-President, 
declaring ivhat officer shall then act as President, and 
such officer shall act accordingly until the disability be 
removed^ or a President shall be elected. 

What provision has been made in reference to the office of Presi- 
dent under this clause ? 

In case of the removal, death, resignation, or iji- 
ability both of the President and Yice-President, the 
President of the Senate pro tempore, or, if there shall 
be no such officer at the time, the Speaker of the 
House of Representatives for the time being, shall act 
as President of the United States, until the disability be 
removed, or a President be elected. (1 United States 
Statutes, 239.) 

Recite this clause. 

7. The President shall, at stated times, receive for Ms 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 
been elected, and he shall not receive within that period 
any other emolument from the United States or any of 
them. 

What is the object of this clause ? 

To make the Executive independent of the legislative 
department for his salary, to prohibit any covert influ- 
ence by emolument, and to secure freedom of action to 
the Executive. 

What is the salary of the President ? 
Twenty-five thousand dollars per annum. 
What is the salary of the Vice-President ? 
Eight thousand dollars per annum. 



THE CONSTITUTION. 101 

Recite this clause. 

8. Before he enter on the execution of his office^ he 
shall take the following oath or affirmation : — 

9. " I do solemnly swear (or affiriji)^ that I will faith' 
fully execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, and 
defend the Constitution of the United States,''^ 

Why is this oath required ? 

To impart the most binding solemnity to the dis- 
charge of the duties of the of&ce. 

Sectioist n. 

Kecite this clause. 

1. The President shall he commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States, when called into the actual ser- 
vice of the United States ; he may require the opinion, 
in ivriting, of the principal officer in each of the ex- 
ecutive departments, upon any subject relating to the 
duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

Why are these powers vested in the President ? 

Because the duties involved in these powers are of 
an executive nature, and the unity and efficiency in 
action, and the secrecy of plan generally necessary in 
war measures, can be best obtained by the exercise of 
these powers by the President, or those acting by his 
authority. 

What reason for giving the power to grant reprieves and pardons 
to the President ? 

It could not be exercised by the legislative depart- 
ment without implying, either directly or indirectly, 



102 THE CONSTITUTION. 

unjust or improper legislation ; and it could not be 
vested in the courts without implying error or injustice 
in the decisions ; hence it is left to the discretion of the 
President. 

Why is the exercise of tlie power sometimes necessary ? 

Because legislation, from a variety of circumstances, 
cannot always provide for justice to all parties, nor 
can the courts at all times render impartial justice 
to the parties in suit before them, on account of the 
insufficiency of testimony. 

Why the exception in the case of impeachment ? 

Impeachment being a punishment for certain crimes 
and misdemeanors under the Constitution, it was deemed 
best for the public interest that the President should 
have no influence over the action of the legislative 
department in all such cases. 

Note. — According to tlie decisions of the Supreme Court and the 
opinions of the Attorney-General, the President may pardon before trial 
and conviction, as well as after, and he may grant a conditional or uncon- 
ditional pardon. He may remit fines, penalties, and forfeitures under the 
revenue laws, but has no power to remit the forfeiture of a bail-bond, and 
may order a nolle prosequi at any stage of a criminal proceeding in the 
name of the United States. 

'Becite this clause. 

2. He shall have power, by and ivith the advice and 
consent of the Senate, to make ti'eaties, provided two 
thirds of the Senators present concur; and he shall 
nominate, and by and with the advice and consent of 
the Senate shall appoint, ambassadors, other public min- 
isters, and consids, judges of the Supreme Court, and 
all other officers of the United States whose appoint- 
ments are not herein otherivise provided for, and which 
shall be established by law : but the Congress may by 
law vest the appointinent of such inferior officers, a^ 



THE CONSTITUTION. 103 

they think proper^ in the President alone, in the courts 
of law, or in the heads of departments. 

For what does tlils clause provide ? 

For the relations of the United States with foreign 
nations through treaties, and for the nomination and 
appointment to the several offices named in the clause. 

How are the foreign relations of the United States carried on ? 

Either directly by the Secretary of State, or through 
the diplomatic or consular branches of the State De- 
partment. 

How is the term ambassador used in this clause ? 

It includes the highest grade of ministers, with lim- 
ited or full powers, and usually denominated Envoys 
Extraordinary and Ministers Plenipotentiary. 

How is the term puUic ministers here used ? 

It denotes ministers resident and commissioners de- 
puted on special business for the government. 

How is the term consul used V 

It denotes a commercial agent whose usual duty is 
to act for the protection of the rights of private individ- 
uals, under some treaty or practice common between 
nations, and to watch over the commercial interests of 
the United States in foreign countries. 

Why were these powers thus vested in the President ? 

Because the executive department is more fully in- 
formed respecting the relations of the United States 
with foreign nations, and of the circumstances con- 
nected with appointment to office. 

Why was the Senate associated with the President in the duties 
arising under this clause ? 

That the Senate might represent the legislative de- 
partment of the government, as treaties are a part of the 
supreme law of the land, and to act as a check on the 



104 THE CONSTITUTION. 

executive department against any encroacliment on the 
rights of Congress, through the power of making trea- 
ties or appointments to office. 
Kecite this clause. 
.- 3. The President shall have poiver to Jill up all va- 
cancies that may happen during' the recess of the Senate, 
by granting' commissions which shall expire at the end 
of their next session. 

Why the limitation imposed by this clause ? 

In order to prevent the President from neutralizing 
the action of the Senate as a co-ordinate power in the 
appointment to office. 

How can Congress check an unauthorized or repeated appoint- 
ment to office against the will of the Senate ? 

By withholding the necessary appropriations for such 
office. 

Section III. 
Kecite this section. 

1. He shall from time to time give to the Congress 
information of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient ; he may, on extraordinary oc- 
casions, convene both Houses, or either of them, and 
in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambas- 
sadors and other public ministers; he shall take care 
that the laivs be faithfidly executed, and shall commis- 
sion all the officers of the United States. 

What is the object of the first part of this section ? 

It makes it an obligatory duty for the President 
to communicate to Congress such information on the 



THE CONSTITUTION. 105 

fitato of the Union, and to recommend for their consid- 
eration such measures, as he may think expedient and 
necessary. 

Why the provision in the second part of the section ? 

Because the executive department, at any special 
time, is alone in the possession of the information 
respecting the foreign and domestic interests of the 
United States which will enable the President to judge 
of the necessity for an extra session of Congress. 

What construction has been given to the part of the section relat- 
ing to ambassadors ? 

That the power of receiving ambassadors includes 
the power of rejecting or dismissing them. 

What is required by the last part of the section ? 

The President is required to see that the laws of the 
United States are faithfully executed, and that all offi- 
cers of the United States have proper vouchers of their 
right to their office. 

Section IV. 
Recite this section. 

1. The President, Vice-President, and all civil offi- 
cers of the United States, shall be removed from office 
on impeachment for, and conviction of, treason, bribery, 
or other high crimes and misdemeanors. 

How are we to understand the term civil officers in this section ? 

It includes all civil officers deriving their appointment 
from the national government, with certain exceptions. 

Who are excepted ? 

Senators, Representatives, and Territorial Judges, and 
officers of the army and navy. 
5* 



106 THE CONSTITUTION. 

What is the extent of the punishment imposed by the court of 
impeachment ? 

Eemoval from office, and disqualification to hold or 
enjoy any office of honor, trust, or profit under the 
United States ; but the party convicted shall be liable 
to trial and punishment according to law. (Article I. 
Section 3, clause 7.) 

What is the object of this section ? 

To place the officers named in the section at the bar 
of public opinion for criminal, dishonest, or unfaithful 
performance of the duties of their office, and to bring 
them within the reach of the law as applicable to their 
crime or offence. 

Note. — 1. In respect to appointments to office, it is held that "All 
offices, the tenure of which is not fixed by the Constitution, or limited by 
law, must be held either during good behavior, or during the life of the 
incumbent, or must be held at the will and discretion of some department 
of the Gorernment. * * * In the absence of all Constitutional pro- 
vision, or Statixtory regulation, it would seem to be a sound and necessary 
rule to consider the power of removal as incident to the power of appoint- 
ment." — 13 Peters's S. C Eeports, p. 259. 

2. It has been decided that a Senator is not a civil officer within the 
meaning of Section IV., Article II. of the Constitution, and is not liable 
to impeachment : — 

Senate Journal, January 10, 1799. — For the Senate constitute the 
Court for the trial of the party impeached, and the Representatives, in 
their aggregate character, are the impeaching body. Territorial judges 
are not Constitutional officers, and do not exercise any of the powers 
conferred by the Constitution on the Judiciary, but they exercise only 
such powers as are authorized by the Acts of Congress for the territories 
of the United States. They can be removed from office, for cause, by the 
President, and when the territory becomes a State of the Union their 
office expires. Army and Navy officers are tried and punished for offences 
and crimes by courts-martial, or they may be dismissed the Army or 
Navy by the President, for proper cause, without trial. 

3. By the terms, " high crimes " and " misdemeanors," in the 4th Sec- 
tion, is understood an act in its nature or consequences in violation of the 
Constitution, of a positive law, of an official oath, or of a duty, or an act 
arising from the abuse of discretionary power, from improper motives, or 
for an improper purpose. 



THE CONSTITUTION. 107 

ARTICLE III. 

THE JUDICIARY DEPARTMENT. 

Section I. 

Recite this section. 

1. The judicial power of the United States shall he 
vested in one Supreme Court^ and in such iiiferior courts 
as the Congress may from time to time ordain and estab- 
lish. The judgeSy both of the Supreme and inferior 
courts^ shall hold their offices during good behavior^ and 
shall, at stated times, receive for their services a compen- 
sation, tvhich shall not be diminished during their con- 
tinuance in office. 

What may be remarked of this section ? 

It provides that the Supreme Court shall be a co-ordi- 
nate department of the national government, indepen- 
dent of and coextensive with the legislative department, 
but distinct from both the legislative and executive 
departments. 

Why was the Supreme Court deemed so important a department 
of the government ? 

Because it is the duty of this court as a co-ordinate 
department of the government to secure the people 
against the effects of unconstitutional laws, and to pro- 
tect the constitutional rights of the people from any 
usurpation or encroachment by either of the other de- 
partments. 

What is the reason for the peculiar jurisdiction of this court ? 

That there may be uniformity in the interpretation 
of the Constitution, and of the laws and treaties made 
under it. 

What may be remarked of the extent of its jurisdiction ? 

It includes, either directly or indirectly, every sup- 
posable case affecting the life, liberty, or property of 



108 THE CONSTITUTION. 

the citizens of the United States, excepting cases of im- 
peachment, as guaranteed by the Constitution. 

Why the necessity of such a co-ordinate judicial department? 

That there might be a judicial power, not subservient 
to political ambition, or to legislative authority, or to 
executive patronage, to expound and to apply the laws 
to the relations and the rights of citizens of the United 
States. 

What is understood by the phrase judicial power ? 

The power to determine rights of persons, or of prop- 
erty, by arbitrating between adverse parties in contro- 
versies, at the instance of a party in said controversies. 

Of what does the Supreme Court consist ? 

Of one chief justice and several associate justices, 
who hold an annual session of the court at Washington 
on the first Monday of December. 

What is the effect of the decisions of the Supreme Court? 
-Its decisions on the rights of persons or of property 
vrithin its jurisdiction are final and conclusive upon all 
the other Courts of the United States. 

What may be remarked of the judgments of this court ? 

The judgments of the Supreme Court, and the exe- 
cution of such judgments, by its order, are acts of sov- 
ereignty. 

Note. — The Supreme Court of the United States, as the court of 
final resort, decide the controverted cases in Law, in Equity, or in Admi- 
ralty, which are brought before it bj actual litigating parties, according to 
the supreme law of the land. Through the power of construction ap- 
plied to every law, of which the language is ambiguous, or contradictory, 
and through the enforcement of the restrictions on the legislative power 
of Congress by its decisions, this court possesses and exercises a certain 
and unquestionable check on the legislative department of the Govern- 
ment. But this restraining power of the Supreme Court does not apply 
to questions political in their nature and belonging to the legislative or to 
the executive departments. 



THE CONSTITUTION. 109 

What courts have Congress established under the term inferior 
courts f 

The Circuit Courts, the District Courts, and the 
Court of Claims. 

How are the Circuit Courts formed ? 

The several States of the Union are divided into cir- 
cuit districts, each district including two or more States. 

How are the Circuit Courts assigned ? 

On the appointment of a chief justice or an associate 
justice, the judges allot themselves among the several 
circuit districts, and enter the allotment on record. 

Of what does each Circuit Court consist ? 

The justice of the Supreme Court allotted to the cir- 
cuit, the circuit judge, and the judge of the district in 
which the Circuit Court is held. The judge first in 
order presides. 

How are the District Courts established ? 

Each State constitutes a district or districts, over 
which a district judge is appointed, who must reside in 
the district to which he is appointed. 

Of what does the Court of Claims consist ? 

Of a chief justice and four associate justices, who 

hold an annual session of the court at Washington, 

commencing on the first Monday of December of each 

year. 

On what does the jurisdiction of the several above-mentioned 
courts depend ? 

The jurisdiction of the courts of the United States 
depends on the Constitution or the laws of Congress, 
and is either original or appellate. (1 Peters' s S. C. 
Eeports, 511-646.) 

What more may be remarked on the extent of the jurisdiction of 
the United States courts ? 



110 THE CONSTITUTION. 

That the jurisdiction of these courts over questions 
involving constitutional rights is exclusive of the juris- 
diction of the courts of the several States of the Union. 

Wliat important principle in one of the decisions rendered under 

this clause ? 

That the courts in which the judges hold their office 
for a specific number of years are not courts in which 
the judicial powers conferred by the Constitution can be 
deposited. (1 Peters's S. C. Reports, 511-546.)- 

How are the courts established in the Territories regarded? 

They are not constitutional courts, and cannot exer- 
cise any of the powers conferred by the Constitution on 
the Judiciary. (1 Peters's S. C. Reports, 511.) 

What is the object of the last part of the section? 

To secure the entire independence of the Judiciary 
of the United States, in respect to the term of their 
office and their compensation, from the influence of the 
other departments of the government. 

Section II. 

Recite these clauses. 

1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of 
the United States, and treaties made, or which shall he 
made, under their authoi'ity ; to all cases affecting am- 
bassadors, other public ministers, and consuls ; to all cases 
of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party ; to controver- 
sies betiveen two or more States, betiveen a State and citi- 
zens of another State, between citizens of different States, 
between citizens of the same State claiming lands under 
grants of different States, and between a State, or the 
citizens thereof, and foreign states, citizens^ or subjects. 



THE CONSTITUTION. Ill 

2. In all cases affecting ambassadors^ other public 
ministers^ and consuls^ and those in which a State shall 
be a party ^ the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned^ the 
Supreme Court shall have appellate jurisdiction, both as 
to, laio and fact, with such exceptions and under such 
regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in 
the State where the said crimes shall have been commit- 
ted ; but ivhen not committed within any State, the trial 
shall be at such place or places as the Congress may by 
law have directed. 

To what do tlie clauses of this section relate ? 
To the judicial power, and the jurisdiction peculiar 
to the several courts of the United States. 

What is affirmed of the judicial power of the courts of the United 

States ? 

It is commensurate with the legislative and executive 
powers of the national government. 

How is the term jurisdiction used in reference to courts of the 
United States ? 

It denotes legal power and its application to cases at 
issue in the said courts, including the parties, the sub- 
ject-matter, and the locality. 

How is the term case used ? ^ 

Case denotes a suit at law, involving a right in litiga- 
tion between the parties named in the record. 

What is meant by a case in law ? 

It is a suit in which some right guaranteed by law 
is to be ascertained and determined, as distinguished 
from rights in equity. 



112 THE CONSTITUTION. 

Wliat is meant by a case in equity ? 

It is a suit in which relief is sought against the 
severity of the hiw, according to the rules and practice 
in equity. 

•To how many classes may the several cases be reduced ? 

Five. 

Which are the first class ? 

Cases in law and equity arising under the Constitu- 
tion, the laws, and the treaties of the United States. 

Which are the second class ? 

Cases affecting ambassadors, other public ministers, 
and consuls. 

Which are the third class ? 

Cases of rights under the admiralty and maritime 
jurisdiction. 

Which are the fourth class ? 

Cases of rights between citizens of the same State 
claiming lands under grants from different States. 

Which are the fifth class ? 

Cases in which the parties bear certain relations as 

citizens of the several States of the Union, or as citizens 

or subjects of foreign states. 

Wliy are these cases under the jurisdiction of the Supreme 
Court ? 

Because involving rights under the Constitution, the 
laws of the United States, the treaties, or the law of 
nations, and the Supreme Court was deemed the only 
proper final arbiter of the questions affecting these 
rights. 

"Why the original jurisdiction of the cases mentioned in the second 
class ? 

Because of the character of the parties named, and 
their rights as the representatives of foreign nations. 



THE CONSTITUTION. 113 

Why the appellate jurisdiction in the other cases ? 

To confine the inferior courts within their special ju- 
risdiction, to correct all errors arising in said courts, 
and to provide that justice may be uniform and impar- 
tial. 

What Is original jurisdiction ? 

Original jurisdiction is the commencement of a suit 
not begun in any lower court, and is confined to the 
cases enumerated in the Constitution. (9 Wheaton's 
S. C. Eeports, 820.) 

What is appellate jurisdiction ? 

It is the right of reviewing and correcting the pro- 
ceedings in a case already instituted in a lower court, 
and is done by a writ of error or appeal. 

What is a writ of error ? 

It is a commission which removes from a lower court 
the suit in which a question of law is involved, for re- 
examination in a higher court. 

What is an appeal ? 

A process which removes a cause from an inferior 
court to a higher court, and subjects the matter of fact 
as well as the matter of law to the review and revisal 
of the higher court. (6 Wheaton's S. 0. Reports, pp. 
409-411.) 

What third mode of review for cases from the Circuit Court 
only? 

Congress has authorized the review on questions on 
which the judges of the Circuit Court are not agreed, 
to be made by the Supreme Court, upon a " case certi- 
fied." 

By what other writs is an appellate jurisdiction exercised? 

H 



114 THE CONSTITUTION. 

By tlie writs of habeas corpus, by mandamus, and by 
prohibition. 

What are cases of admiralty jurisdiction ? 

Cases of prize and salvage involving rights in which 
foreign nations are interested, and maritime torts, con- 
tracts, and offences, in which the principles of the law 
of nations are an element of inquiry. 

How is the term all crimes used in the third clause of this sec- 
tion ? 

It embraces those crimes which by former laws and 
customs have been tried by a jury. 

How are jury trials regarded ? 

As the main defence against encroachment on the 
rights of the people by the courts. 

Why the restriction in regard to place ? 

To avoid unnecessary expense, for the greater facility 
in obtaining evidence, and tha,t the accused may have 
an impartial trial and the benefit of common sympathy 
60 far as it is deserved. 

Recite this Amendment. 

V. No person shall be held to ansiver for a capital 
or other ivise infamous crime ^ unless on a presentment or 
indictment of a grand jury^ except in cases arising m 
the land or naval forces^ or in the militia^ when in actual 
service^ in time of war or public danger ; nor shall 
any person be subject for the same offence to be twice 
put in jeopardy of life or limb ; nor shall be compelled, 
in any criminal case, to be a luitness agaifist himself; 
nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken 
for public use ivithout just compensation. 

Why this provision in respect to presentment or indictment ? 

To prevent unnecessary litigation, and that there 



THE CONSTITUTION. 115 

may be no unreasonable uncertainty in relation to the 
person, time, place, and nature of the offence. 

Why are tlie cases in military and naval service excepted ? 

Because they are within the special jurisdiction of 
the military and naval courts-martial. 

What decision of the Supreme Court under the fifth amendment ? 

That the prohibitions in this amendment are pro- 
hibitions on the government of the United States, and 
have no reference to the several States. 

Note. — In relation to an indictment by the Grand Jury, Judge Catron 
has thus defined their duty ; — 

" Grand Juries constitute an important part of the judicial system ; 
and the nature of the duties devolved upon them makes their office at all 
times delicate and responsible. But during periods of general commotion 
and excitement, the manner in which they fulfil their solemn trust is of 
especial moment to every person and interest in society. Unafi'ected by 
prejudice or passion, and proceeding in their investigations with indepen- 
dence and impartiality, they become the shield of the innocent and the ter- 
ror of the guilty. While the magnitude of some crimes demands, for the 
public good, that the ofi'enders should not be permitted to escape punish- 
ment, like considerations require that indictments therefor should not be 
found on insufficient grounds. 

" When a sufiicient cause is made out, there is only one course which duty 
permits, — the Grand Jury should find the indictment a true bill, so that the 
accused may be brought to trial. If the testimony falls short of such a 
case, the indictment should be just as promptly ignored." 

Kecite these Amendments. 

YI. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trials by an impar- 
tial jury of the State and district wherein the crime 
shall have been committed^ ivhich district shall have 
been previously ascertained by law ,' and to be informed 
of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor ; 
and to have the assistance of counsel for his defence. 



116 THE CONSTITUTION. 

VII. In suits at common law^ where the value in con- 
troversy shall exceed twenty dollars, the right of trial 
by jury shall he preserved; and no fact tried hy a 
jury shall be otherwise re-exainined in any court of the 
United States than according to the rules of the com- 
mon law. 

YIII. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments 
inflicted. 

How are the provisions of these Amendments regarded ? 

As guaranties to the citizens of the United States 
by the Constitution of the several rights and privileges 
named in these Amendments. (3 Peters's S. C. Re- 
ports, 446-448.) 

When may courts discharge a jury ? 

Whenever there may be a necessity for it, or when 
public justice would be defeated without a discharge. 

When may a trial by jury be dispensed with ? 
At the consent of the parties in a suit. 

What exceptions to the term suits at common law in the seventh 
Amendment ? 

Suits in equity and admiralty jurisdiction. 

How is the term common law used in this Amendment ? 

It denotes the common law of England, and not the 

common law of the several States. 

What are we to understand by the phrase the rules of the common 
law? 

The methods of re-examination at the common law 
by a writ of error and a new trial. 

Why the limitation imposed in the eighth Amendment ? 

As a check against the exercise of arbitrary power 
by the courts, in reference to bail, fines, and punish- 
ments. 



THE CONSTITUTION. 117 

Recite this Amendment. 

XI. The judicial power of the United States shall not 
he construed to extend to any suit in law or equity, 
commenced or prosecuted agoAnst one of the United 
States by citizens of another State, or by citizens or 
subjects of any foreign state. 

AVliat is tlie object of this amendment ? 

As a limitation on the judicial power of the courts 
of the United States. 

Note. — Previously to the adoption of this Amendment, suits had been 
brought against some of the States by their creditors, and the Supreme 
Court decided that the judicial power of the United States extended to a 
suit brought by or against a State of the Union. The effect of the Amend- 
ment dismissed all such suits in which a State was a party on the recoi'd, 
and took from the courts of the United States all jurisdiction over such 
suits. 

Section m. 
Kecite this section. 

1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No person shall he 
convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open 
court. 

2. The Congress shall have power to declare the punish- 
ment of treason, hut no attainder of treason shall work 
corruption of hlood, or forfeiture, except during the life of 
the person attainted. 

What is the object of this section? 

To define treason against the United States, to fix 
the e;ridence necessary for conviction, and the punish- 
ment for this great crime. 

What is the force of " only" in the first clause of this section? 



118 THE CONSTITUTION. 

It excludes from the criminal law of the United 
States the doctrines of constructive treason. (1 Ab- 
bott's United States Reports, p. 60.) 

Why the qualification in respect to attainder ? 

Because of the respect for the rights of property, 
and the unwillingness to deprive heirs of the bene- 
fits of such rights on account of the crime of their 
parents. 

How is this crime regarded ? 

As the highest crime against the government and 
the people of the United States. 

What remark has Prof. Lieber on treason ? 

" The trial for treason is a gauge of liberty. Tell us 
how they try people for treason, and we will tell you 
whether they are free." 

What decision has the Supreme Court given under this section ? 

" To constitute treason, war must be actually levied. 
If a body of men be actually assembled for the purpose 
of effecting a treasonable design, all who perform any 
part, however remote from the scene of action, and 
who are actually leagued in the general conspiracy, are 
traitors." (4 Cranch's S. C. Reports, 126.) 

What is the punishment for treason ? 

Death by hanging. 

Note. — In the trial of Aaron Burr, Chief Justice Marshall used the 
following language, as to what constitutes a levying of war against the 
XJuited States : — 

" Any combination to subvert by force the government of the United 
States, violently to dismember the Union, to compel a change in the ad- 
ministration, to coerce the repeal or adoption of a general law, is a con- 
spiracy to levy war ; and if conspiracy be carried into effect by the actual 
employment of force, by the embodying and assembling of men for the 
purpose of executing the treasonable design which was previously con- 
ceived, it amounts to levying of war." — 2 Burr's Trial, 421. 

Thfc Act of 30th April, 1790, and the Act of 30th January, 1799, consti- 
tute the law for treason against the United States. 



THE CONSTITUTION- 119 

" If any person or persons owning allegiance to the United States of 
America shall levy war against them, or shall adhere to their enemies, 
giving them aid and comfort, within the United States or elsewhere, and 
shall be thereof convicted on confession in open court, or on the testimony 
of two witnesses to the same overt act of the treason whereof he or they 
shall stand indicted, such person or persons shall be adjudged guilty of 
treason against the United States, and shall suffer death. If any person 
or persons, having knowledge of the commission of any of the treasons 
aforesaid, shall conceal, and not, as soon as may be, disclose and make 
known the same to the President of the United States, or some one of the 
judges thereof, or to the President or Governor of a particular State, or 
some one of the judges or justices thereof, such person or persons on con- 
viction shall be adjudged guilty of misprision of treason, and shall be im- 
prisoned not exceeding seven years, and fined not exceeding one thou- 
sand dollars." — 1 United States Statutes, 112. 

" If any person, being a citizen of the United States, whether he be ac- 
tually resident or abiding within the United States, or in any foreign 
country, shall, without the permission or authority of the Government of 
the United States, directly or indirectly commence or carrrv on any vei-bal 
or written correspondence or intercourse with any foreign government, or 
any officer or agent thereof, with an intent to influence the measures or 
conduct of any foreign government, or any officer or agent thereof, in rela- 
tion to any dispute or controversies with the United States, or defeat the 
measures of the government of the United States ; or if any person^ being 
a citizen of, or resident within, the United States, and not duly authorized, 
shall counsel, advise, aid, or assist in any such correspondence, with intent 
as aforesaid, he or they shall be deemed guilty of a high misdemeanor, and 
on conviction before any court of the United States having jurisdiction 
thereof, shall be punished by a fine not exceeding five thousand dollars, 
and by imprisonment during a term not less than six months, nor exceed- 
ing three years. — 1 United States Statutes, 613. 

In keeping with the statutes are the following rules for the regulation of 
the army of the United States : — 

Article 56, " Whosoever shall relieve the enemy with money, victuals, 
or ammunition, or shall knowingly harbor or protect an enemy, shall suffer 
death, or such other punishment as shall be ordered by the sentence of a 
court-martial. 

Article 57. " Whosoever shall be convicted of holding correspondence 
with or giving intelligence to the enemy, either directly or indirectly, shall 
suffer death, or such other punishment as shall be ordered by the sentence 
of a court-martial." — 2 United States Statutes, 366. 



120 THE CONSTITUTION. 

AETICLE lY. 

Section I. 
Recite this section. 

1. Full faith and credit shall he given in each State 
to the public acts, records, and judicial proceedings of 
every other State. And the Congress may by general 
laws prescribe the maniier in zvhich such acts, records, 
and proceedings shall be proved, and the effect thereof. 

What is the object of this section ? 

To place the public acts, records, and judicial pro- 
ceedings of each State on a more favorable basis than 
that given to the public acts, records, and judicial pro- 
ceedings of foreign nations. 

What is the rule in relation to such proceedings ? 

They are proved like any other facts, and in Eng- 
land and the United States they are prima facie evi- 
dence of what they decide. 

What is the effect of this section on such acts, records, and pro- 
ceedings ? 

They have the same effect in each State as in the 
State where rendered, — if conclusive in such State, 
then they are conclusive in each State of the Union ; if 
re-examinable there, they are re-examinable in every 
other State. 

Note. — By the Act of 26th May, 1790, Congress has given effect to 
this section, respecting the authentication of legislative acts and judicial 
proceedings and the effects thereof — 1 United States Statutes, 122. 

All other public records of any State are authenticated according to the 
statute of 27th March, 1804. — 2 United States Statutes, 298. 

Under these statutes several important decisions have been rendered, 
and the judgment of a State court has the same credit, validity, and effect 
in every court within the United States which it has in the State in which 



THE CONSTITUTION. 121 

it was rendered. — 3 Wheaton*s S. C. Reports, 234 ; 9 Howard's S. C. Re- 
ports, 528; 11 Ibid. 175, 176. 

Section II. 

Recite this clause. 

1. The citizens of each State shall he entitled to 
all privileges and immunities of citizens in the several 
States. 

What is guaranteed by this clause ? 

It guarantees to the citizens of each State the privi- 
leges and immunities in any other State which such 
State grants to its own citizens. 

What are these privileges and immunities ? 

The fundamental privileges and immunities which 
any State grants to its citizens, but not such as are 
granted to corporations, or are conferred by special 
local legislation. (18 Howard's S. C. Reports, 591-594.) 

On what principle are these privileges and immunities guaran- 
teed ? 

They are guaranteed by the Constitution of the 
United States, because of the supreme rights of citizens 
of the United States, and through this National citizen- 
ship the more effectually to secure and perpetuate mu- 
tual friendship and intercourse among the people of 
the several States. 

On what is national citizenship based ? 

On the intimate social, civil, and commercial rela- 
tions which citizens of the United States sustain to- 
ward one another, and not arising from the relations 
they possess as citizens of the several States. 

Of what is national citizenship the basis ? 

Of the rights involved in the sovereignty of the 
United States, and by virtue of which the President, 
6 



122 THE CONSTITUTION 

Yice-President, and members of Congress are chosen, 
and the supreme law is enacted. 

What other reason for this guaranty ? 

By reason of the superiority guaranteed by the Con- 
stitution to the suprei7ie law of the land, in the sec- 
ond clause of the sixth Article, over any law of any 
State of the Union. 

What erroneous assumptions are obviated by this principle of 
citizenship ? 

That citizenship of the United States is subordinate 
to citizenship under the Constitution of any State, and 
that the supreme law of the land can be modified or 
opposed by State legislation. 

Note. — These privileges and immunities are not dependent on State 
comity, because the States are subordinate to the United States within the 
powers granted in the Constitution, and it would not be sound reasoning to 
make such privileges and immunities depend on the comity which one 
State might choose to extend toward a sister State, at any one time or 
under any peculiar circumstances ; but they depend on those complex rela 
tions which citizens of the United States hold towards each other as mem- 
bers of a common government and of the same nation. 

Recite this clause. 

2. A person charged in any State ivith treason, fel- 
ony, or other crime, who shall flee from justice, and be 
found in another State, shall, on demand of the execu- 
tive authority of the State from wliich he fled, be deliv- 
ered up, to be removed to the State having jurisdiction 
of the criine. 

What may be remarked of this clause ? 

It makes the rendition of fugitives from justice, with- 
in the provisions of the clause, from one State uito 
another State, a constitutional duty. 

What is necessary in regard to such rendition ? 

The alleged crime must have been committed in 
the State from which the fugitive is charged actually 



THE CONSTITUTION. 123 

to have fled, and be a crime against the laws of such 
State. (3 McLean's Reports, 133.) 

Why was the term other crime inserted in this clause ? 
In order that the clause might include all proper 
cases of rendition. (5 Elliot's Debates, 487.) 

Recite this clause. 

3. No person held to service or labor in one State ^ 
under the laws thereof^ escaping' into another^ shall, in 
consequence of any law or regulation therein, he dis- 
charged from such service or labor, but shall be deliv- 
ered up on claim of the party to whom such service or 
labor may be due. 

To what persons does this clause relate ? 

To apprentices, under State laws, escaping into an- 
other State from such service or labor. 

Section III. 
Recite this clause. 

1. New States may he admitted hy the Congress into 

this Union ; hut no new State shall he formed or erected 

within the jurisdiction of any other State ; nor any State 

he formed hy the junction of two or more States, or parts 

of States, without the consent of the Legislatures of the 

States concerned, as well as of the Congress, 

In how many ways have States been admitted into the Union ? 

Three. 

What is the first? 

By a joint Act of Congress and of a State a new State 
may be formed from the territory of an existing State, 
as in the cases of Vermont, Kentucky, and Maine. 

What is the second ? 

By an Act of Congress a State may be formed di- 
rectly from the territory of the United States, as iu 
the case of Tennessee. 



124 THE CONSTITUTION. 

What is the third ? 

By a joint resolution of Congress and a foreign state, 
an independent foreign state may be admitted as a State 
of the United States, as in the case of Texas. 

Recite this clause. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States ; 
and nothing in this Constitution shall he so construed 
as to prejudice any claims of the United States, or of 
any particular State. 

What may be remarked of this clause ? 

It is the authority under which Congress establishes 
provisional governments for the Territories previous to 
their admission as States into the Union. 

To what territory did this clause first apply ? 

To the territory known as the Northwestern Terri- 
tory, and ceded to the United States under the Articles 
of Confederation. 

How was the N^orthwestem Territory organized and governed ? 

By the Act of Congress under the Confederation 
known as the Ordinance of 1787, and subsequently 
adopted by the Congress of the United States under 
the Constitution, on the 7th of August, 1789. 

For what does the Constitution appear not to have made any 
direct provision? 

For the acquisition of foreign territory and its forma- 
tion into States. 

In what ways has the United States acquired foreign territory ? 

By purchase and treaty, by annexation, and by con- 
quest and treaty ; namely, Louisiana, Texas, and Cali- 
fornia. 



THE CONSTITUTION. 125 

How has Congress exercised its authority in relation to such ac- 
quired territory ? 

Congress has organized and governed such territory 
according to the ordinary principles of legislation, and 
has exercised its discretion in relation to the special 
laws and institutions existing in said territory. (Judge 
Parker on the Territories of the United States, 73 - 78.) 

How is the Constitution extended over such territory ? 

By an Act of Congress for that special purpose. 

Section IV. 
Recite this section. 

1. The United States shall guarantee to every State in 
this Union a republican form of government, and shall 
protect each of them against invasion ; and on appli- 
cation of the Legislature, or of the executive (when the 
Legislature cannot he convened^, against domestic violence. 

What is guaranteed by this section ? 

A republican form of government in every State of 
the Union, and protection to every State, by the United 
States, against invasion or domestic violence, on the ap- 
plication of a State. 

Why is a republican government guaranteed ? 

Because any other form of government in any State 
or States of the Union might imperil the national gov- 
ernment. 

What is the extent of the power granted by this section ? 

It is adequate to put down all unconstitutional 

change in the government of a State or States. 

What right of sovereignty has each State under the Constitu- 
tion ? 

That of territorial sovereignty, and to determine ex- 
clusively in relation to its municipal laws and domestic 



126 THE CONSTITUTION. 

institutions ; but such laws and institutions must not 
be contrary to a republican form of government, to 
the Constitution of the United States, or the laws 
or the treaties made under it. (See Art. YI. Clause 
2.) 

What is provided in the last part of the clause ? 
Protection against invasion and domestic violence, 
including treason, rebellion, or servile insurrection. 

Why this guaranty ? 

By the Constitution, the States individually are pro- 
hibited from keeping troops as a standing army, or 
ships of war in time of peace, and it was deemed the 
duty of the United States to assume such defence of 
each State, on application, against its enemies at home 
or abroad. 



ARTICLE V. 

Recite this article. 

1. The Congress^ whenever two thirds of both houses 
shall deem it necessary^ shall propose amendments to 
this Constitution^ or, on the application of the Legisla- 
tures of tiuo thirds of the several States, shall call a 
convention for proposing amendments, which, in either 
case, shall he valid to all intents and purposes, as part 
of this Constitution, when ratified hy the Legislatures 
of three fourths of the several States, or hy conveiitions 
in three fourths thereof, as the one or the other mode of 
ratification may he proposed hy the Congress : Provided, 
that no amendment, which may he made prior to the year 
one thousand eight hundred and eight, shall in any 



THE CONSTITUTION. 127 

manner affect the first and fourth clauses in the ninth 
section of the first article; and that no State^ without 
its consent^ shall he deprived of its equal suffrage in 
the Senate, . 

For what does this article provide ? 

For such amendments to the Constitution as the 
changing condition of the people and the welfare of 
the nation may require. 

What does the article secure ? 

An effectual check, except in case of a sudden rev- 
olution, against any fundamental change in the Con- 
stitution or government, unless in the ways provided 
therein. 

How many ways for making amendments ? 

Two, each either directly or indirectly by the people. 

What is the first way ? 

By amendments proposed by Congress and ratified 
by the Legislatures in the required number of States, 
or by special conventions called for that purpose in 
the said States. 

What is the second way ? 

By amendments proposed by a national convention 
called for that purpose, and ratified as the article re- 
quires. 

What is the benefit of this twofold method ? 

The identity of the government is made more perma- 
nent, and ways are provided by which the will of the 
people, as the source of political power, may safely 
influence the supreme law of the land and the institu- 
tions of the States respectively. 

What restriction in the last part of the article ? 

No State at any time can be deprived of its equal 



128 THE CONSTITUTION. 

suffrage in the Senate without its consent, which is a 
permanent security to the smaller States from encroach- 
ments on their rights by the larger States. 



ARTICLE VI. 

Recite this article. 

1. All debts contracted^ and engagements entered 
into, before the adoption of this Constitution, shall be 
as valid against the United States, under this Constitu- 
tion, as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding, 

3. Tlie Senators and Representatives before men- 
tioned, and the members of the several State Legislor 
tures, and all executive and judicial officers, both of 
the United States and of the several States, shall be 
bound, by oath or affirmation, to support this Consti- 
tution; but no religious test shall ever be required as 
a qualification to any office or public trust under the 
United States. 

How is tlie first clause of tMs article regarded ? 

As a guaranty, for the benefit of the creditors of the 
United States, of the debts incurred in the war of the 
Revolution for the common defence. 



THE CONSTITUTION. 129 

What IS the law of nations in relation to such debts ? 

Debts due to foreigners, and obligations to other 
creditors, survive a change in the government. (Wool- 
sey's International Law, Second Edition, 52, 53.) 

What is the second clause ? 

It is a declaration of what constitutes the supreme 
law of the United States, and its effect on the judges 
in every State. 

What is the punishment for resistance to the supreme law by 
armed force ? 

The punishment of treason. 

What is the object of the third clause, and the oath therein re- 
quired ? 

It requires a solemn acknowledgment, under oath, 
from the persons mentioned in the clause, that they 
will faithfully perform their respective duties under the 
Constitution of the United States. 

Why is this oath required of the State officers mentioned in the 
clause ? 

Because of the duties such officers often are required 
to perform in giving effect to the supreme law of the 
United States. 

Why the restriction in reference to a religious test in the last part 
of the third clause ? 

To prevent any political union of church and state, 
as it existed in foreign countries, and as an assurance 
of entire freedom in religion. 

What is the practical effect of the second and third clauses of this 

Article ? 

They are an effectual estoppel to any action tending 
to oppose or render void the supreme laiv of the land 
by the officers therein named ^ both of the national and 
State governments. 

6* 1 



130 THE CONSTITUTION. 

What tribunal alone can finally decide respecting the constitution- 
ality or unconstitutionality of all laws and acts, not only of the na- 
tional government, but of the several State governments, arising 
under the Constitution of the United States ? 

The Supreme Court of the United States. 

Note. — It has been affirmed that a State or States may refuse obe- 
dience to the supreme law of the land, and free its citizens from such su- 
preme law by State legislation, because, as is said, the Constitution of the 
United States cannot act on a State, or the citizens of the separate States, 
contrary to the laws of such separate States. It will be well to remember 
that the native-bora or naturalized citizens in each of the United States are 
also citizens of the United States, and that by virtue of this twofold citizen- 
ship the Constitution of the United States acts on persons and on States 
throuc^^hout the whole of the United States. Nearly the whole of the eighth 
section of the first article, and many other clauses of the Constitution, are 
examples of the action of the Constitution on persons. The third, fourth, 
and tenth sections of the first article will serve as examples of the action 
of the Constitution on States, and the fourth article, and the second and 
third clauses of the sixth article, of its action on States and persons. 

It has been decided by the highest judicial authority recognized in the 
United States, that the States cannot exercise any power over the national 
government (4 Wheaton's S. C. Reports, 399), and therefore the constitu- 
tions and laws of the several States act only on the persons within the ter- 
ritorial limits of the said States, and also within the limits provided by the 
Constitution of the United States. The separate States can exercise no 
other authority over their own citizens, who are also citizens of the United 
States, only on the principle that a minority has rights and powers superior 
to a majority, and that a part is greater than the whole. Grant to a State, 
or any number of separate States, the right to decide on the limits and ob- 
ligations of duty of citizens of the United States under the Constitution there- 
of, and you strike a blow at all nationality. It must be remembered, too, 
that the national and State governments derive their respective powers 
from the same people in each or all of the States, as the case may be, and 
as a nation they have assigned the various powers of their government 
among the several depai'tments with fixed limits and for specific purposes. 
"While the national government confines itself in its action within the 
limits prescribed for it in the Constitution, it is difficult to see where the 
people in the separate States, cither alone or by acting in combination, can 
derive any authority to counteract, impede, or obstruct in any manner the 
supreme law of the United States, except the right of revolution, and 
even this right, according to the teaching of the Declaration of Indepen- 
dence and the example of the fathers of the American Revolution, exists 



THE CONSTITUTION. 131 

only when the existing government becomes too oppressive to be remedied 
in the usual way of an amendment or amendments to the organic law of the 
nation. Such authority to the people acting as citizens of the separate States 
annihilates the idea of a Constitutional Union, and must be based on the 
deceptive plea, that We, the people of ike United States, are not a nation, and 
have not a permanent Union. 



ARTICLE VII. 

Recite this article. 

1. The ratification of the conventions of nine States 

shatl he sufficient for the establishment of this Constitvr 

tion between the States so ratifying the same. 

What did the Congress, under the Articles of Confederation, 
direct in relation to the adoption of the Constitution ? 

That it should be submitted to a convention of dele- 
gates chosen in each of the States by the people. (12 
Journal of Congress, 28 September, 1787, 149-166.) 

Why was the Constitution to be thus directly submitted to the 
people, rather than to the State Legislatures ? 

The Constitution was to abolish and supersede the 
Articles of Confederation, which, as a system of na- 
tional government, had been adopted by the States as 
States, and it was to ratify this fundamental change 
in . the government directly by the people in each and 
all of the States that it was to be adopted by conven- 
tions, representing the people as a nation, rather than by 
the legislatures, representing the people as States. 

"What was the effect of the ratification of the Constitution by the 
people of nine States ? 

It made the government of the United States a gov- 
ernment of the people as one nation, and not a govern- 
ment of States as separate States, for national purposes, 
as under the Articles of Confederation. 



132 THE CONSTITUTION. 



AMENDMENTS. 

Note. — The first ten Amendments to the Constitution were proposed 
by Congress at their first session, and were ratified by the constitutional 
number of States on the 15th of December, 1791. The eleventh Amend- 
ment was proposed on the 5th of March, 1794, by Congress, and ratified 
and announced as a part of the Constitution by the President on the 8th of 
January, 1798. The twelfth Amendment was proposed by Congress on 
the 12th of December, 1803, and declared to be adopted as the Constitu- 
tion requu-es, by the Secretary of State, on the 25th of September, 1804. 

Article I. 
Recite this article. 

Congress shall make no law respecting' an establish- 
ment of religion, or prohibiting the free exercise there- 
of; or abridging the freedom of speech, or of the press ; 
or the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

What is the first object of this article ? 

The separation of the institutions of the church from 
the national government. 

Why was this separation desired ? 

It was thought the support and diffusion of pure 
Christianity would be better advanced by such separa- 
tion. 

What other reason has been assigned ? 

That Christianity is a matter of conscience between 
the individual and his Maker, and beyond the jurisdic- 
tion of the government of the United States. 

Can this article be considered hostile to Christianity ? 

It cannot. 

What does it prohibit ? 

Any particular dogmas in religion from being made 



THE CONSTITUTION. 133 

a test for office ; it prohibits any persecution on the 
part of the government, and the favoring of one sect 
to the exclusion of other sects, or the advancement of 
any one denomination of Christians as an established 
church. 

What then does it secure ? 

As perfect an equality in matters of Christianity as 
can be guaranteed by law. 
What decision under this clause ? 

The States may make such laws as shall enable all 
denominations to accomplish the great objects of Chris- 
tianity, by giving to each denomination the corporate 
rights necessary for the management of property. (6 
Cranch's S. C. Keports, 43.) 

What is secured by the next part of the article ? 
The freedom of speech and of the press. 
Why were they thus secured by the Constitution ? 

Because deemed essential to the best interests of the 
aational government and the rights of the people. 

Why the right guaranteed by the last part of the article ? 

That the people might at all times possess the right 
ind the means of making their grievances known to 
the government of the United States. 

Article n. 
Recite this article. 

A well-regulated militia being necessary to the secu- 
ity of a free State, the right of the people to keep and 
bear arms shall not be infringed. 

What is the intention of this article ? 

To secure military organization among the people 



134 THE CONSTITUTION. 

in all of the States, and the right of the people to keep 
and bear arms in defence of their liberties. 

Article HE. 

Recite this article. 

No soldier shall ^ in time of peace, he quartered in any 
house, without the consent of the owner ; nor in time of 
ivar, but in a manner to be prescribed by law. 

Why the third article ? 

As a security to private citizens in time of peace, and 
to insure uniformity in the quartering of soldiers upon 
citizens when war shall make it necessary. 

Article IV. 

Kecite this article. 

The right of the people to be secure in their persons, 
houses, papers, and effects , against unreasonable searches 
and seizures, shall not be violated; and no warrants 
shall issue, but upon probable cause, supported by oath 
or affirmation, and particidarly describing the place to 
be searched, and the persons or things to be seized. 

What is the special benefit of this article ? 

It guarantees to the people in each of the United 
States these rights, under the common law, from an 
infringement by the government of the United States, 
and the last part of the article requires special caution 
in the issuing of warrants for search or seizure. 

Article IX. 

Recite this Article. 

Tlie enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 



THE CONSTITUTION. 135 

How should this article be regarded ? 

As an aid in the construction of the Constitution, 
and to prevent the conclusion that the enumeration of 
certain powers necessarily implies a denial of others 
not mentioned. 

Article X. 

Recite this article. 

The powers not delegated to the United States hy the 
Constitution^ nor prohibited by it to the States^ are re- 
served to the States respectively, or to the people. 

What is affirmed in this article? 

That all powers not granted to the national, nor pro- 
hibited to the State governments, belong to the States 
as States, or to the people. 

What does this article imply? 

That the people, acting through regular forms and 
organizations, are the source of all political power. 

Who are meant by the phrase "or to the people"? 

The people of the United States, as the people making 
the grant of powers delegated to the national govern- 
ment, or prohibited to the people of the several States. 

AVhat is an essential feature of our republican government? 

That the power of the people is given to representa- 
tives for limited periods, whose right and duty it is, in 
the exercise of this power for such periods, to consult 
and act for the best interest and welfare of the people 
of the United States. 

What are included in the powers reserved to the States ? 

The powers of legislation in reference to the life, the 
liberty, and the property of the people of the State, un- 
der its own Constitution. 



136 THE CONSTITUTION. 

• What must be kept in tlie memory in the study of this article ? 

The fact that the States of the Union possessed and 
exercised exclusive authority over the domestic rela- 
tions, rights, and interests of the people, inhabitants of 
each State respectively, before the adoption of the Con- 
stitution of the United States, and this authority be- 
longs to the States, except as delegated to the national 
government, or prohibited to the States. 

Note. — Because of the complex nature and organization of our sys- 
tem of government, it is difficult to enumerate and to define the various 
objects of the reserved powers of the States. 

Among these powers are the following : The protection and the secu- 
rity of the life, the liberty, and the property of the people of the State ; 
the regulation of the relations and the rights of Husband and Wife, of 
Parent and Child, of Guardian and Ward, and of Master and Servant; 
the relation and enforcement of Contracts ; the definitions of Crimes and 
their Penalties, except as arising under the Constitution of the United 
States or the Law of Nations ; and other relations and rights of persons 
as citizens of a State of the Union, including the creation and regulation 
of Corporations under the Constitution of the State. 

Article XIII. 
Recite this article. 

1. Neither slavery nor involuntary servitude^ except as 
a punisJimeyit for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or any 
place subject to their jurisdiction. 

2. Congress shall have power to enforce this article hy 
appropriate legislation. 

Adopted February 15, 1865. 

What is the effect of this amendment ? 

It abolished slavery and involuntary servitude within 
the entire territory of the United States. 



THE CONSTITUTION. 337 

What is the relation of this amendment to the former power of 
the States? 

It changed the organic law of the nation, and modi- 
fied the power of the States over slavery ; and it re- 
versed and annulled the original policy of the Consti- 
tution on slavery and involuntary servitude. 

What is the object of the second section ? 

To obviate all doubt of the authority of Congress to 
enforce, by appropriate legislation, the provision con- 
tained in the first section. 

What parts of the Constitution are affected by this amendment ? 

Article I. Section 2, clause 3, the phrase " three-fifths 
of all other persons " ; Art. I. Section 9, clause 1, the 
phrase " such persons " ; and Art. TV. Section 2, clause 3, 
to so much of said clause as referred to persons held as 
slaves under State laws, and escaping into another State 
from such service or labor. 

Article XIV. 
Recite this article. 

1. All persons horn or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States, and of the State wherein they reside. JVb 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States ; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law, nor deny to any per- 
son within its jurisdiction the equal protection of the law. 

2. Representatives shall he apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any 



138 THE CONSTITUTION. 

election for the choice of electors for President and Vice- 
President of the United States, Representatives in Con- 
gress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of 
age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced 
in the proportio7i which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

3. No person shall be a Senator or Representative in 
Congress, or elector of President, Vice-President, or hold 
any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath, as 
a member of Congress, or as an officer of the United States, 
or as a member of any State Legislature, or as an execu- 
tive or judicial officer of any State, to support the Consti- 
tution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or 
comfort to the enemies thereof : But Congress may by a 
vote of two-thirds of each House remove such disability. 

4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States, nor any State, shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for 
the loss or emancipation of any slave ; but all such debts, 
obligations, and claims shall be held illegal and void. 

5. Tlie Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

Adopted July 28, 1868. 



THE CONSTITUTION. 139 

Wliat is remarked of the term " citizens " used in tliis article ? 

The Constitution of the United States uses the words 
" citizen " and " natural born citizens," but neither the 
Constitution nor any Act of Congress, previous to the 
Act of April 9, 1866, attempted to define their meaning. 
(1 Abbott's United States Reports, p. 38.) 

What is secured by the first part of the first section ? 

The people of the United States herein have declared 
who are citizens of the United States, and of a State 
of the Union. 

What prohibitions in the last part of this first section ? 

A State cannot abridge by its legislation the privi- 
leges or immunities of citizens of the United States, 
nor deprive any person of life, liberty, or property, 
without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the law. 

How are the terms " privileges " or " immunities " employed in 
this section ? 

These terms are not identical with those used in the 
second section of the fourth article, but have a broader 
meaning, denoting the fundamental privileges or immu- 
nities of citizens of the United States, of the nature of 
rights difficult to enumerate or to define. (18 Howard's 
S. C. Reports, p. 591 ; 1 Abbott's United States Re- 
ports, pp. 397 - 407.) 

What parts of the Constitution are modified by the second sec- 
tion of this Amendment ? 

The last part of the first clause of Section 2 of Article 
I. and a part of the third clause of the same section 
and article, so far as relates to Representatives. 

To whom does the third section relate ? 

To persons engaged in insurrection or rebellion 
against the United States. 



140 THE CONSTITUTION. 

Wlaat is secured and prolaibited by the fourtli section ? 

The validity of the public debt cannot be questioned ; 
nor can Congress or the Legislature of a State assume 
or pay any debt, obligation, or claim incurred in aid of 
insurrection or rebellion. 

What is the object of the fifth section? 

To obyiate all doubt respecting the enforcement of 
the provisions of the Fourteenth Amendment. 

Article XV. 
Kecite this article. 

1. The right of citizens of the United States to vote 
shall not he denied or abridged hy the United States or hy 
any State on account of race, color, or previous condition 
of servitude. 

2. The Congress shall have power to enforce this article 
hy appropriate legislation. 

Adopted March 30, 18T0. 

What is the force of the XV. Amendment ? 

It prohibits legislation by Congress, or by a State de- 
nying or abridging the right to vote on account of race, 
color, or previous condition of servitude. 

What is understood by the enjoying the right of suffrage freely ? 

The right of a person to vote according to his opinion 
and choice, without any constraint of mind or body, and 
uncontrolled by any force, threat, intimidation, or other- 
wise, and the physical opportunity to vote is not to be 
interfered with, by any force, threat, intimidation, or 
otherwise. 

What power is left with each State in relation to the right to 
vote? 

Each State may deny to its citizens the right to vote 



THE CONSTITUTION. 141 

on account of age, sex, place of birth, vocation, want 
of property, want of intelligence, or from neglect of 
civil duties, or for crime, as the safety and the happi- 
ness of the people of the State may demand. (2 Ab- 
bott's United States Eeports, p. 127.) 

Note. — The XIII., XIV., and XV. Amendments change the polity 
of the national government, as existing under previous provisions of the 
Constitution, or they define or affirm certain rights, privileges, or immu- 
nities, as Constitutional rights, privileges, or immunities of citizens of the 
United States. 

These Amendments, taken in connection with the Judiciary Act of 
1867,— Act of February 5, 1867, 14 Statutes of the United States, Ch. 
28, page 385, — give to the Supreme Court of the United States, through 
its appellate jurisdiction, the final decision of all the important cases, 
arising in the several States of the Union, wherein are involved rights, 
privileges, or immunities, which through these Amendments now have 
become Constitutional rights, privileges, or immunities, within the juris- 
diction of the National Courts. — The fifth, sixth, seventh, eighth, and 
eleventh articles of the Amendments will be found classed under the third 
article, on the Judiciary. The twelfth Amendment will be found classed 
with the second article, on the Executive Department. 

The first eleven Amendments of the Constitution were adopted to limit 
the powers of the national government. They were intended to obviate 
all just grounds of apprehension, and to give repose to the public mind. 
— United States vs. Rhodes, 1 Abbott's United States Reports, p. 37. 

The rights secured to the people of the United States, by the fourth, 
fifth, and sixth Amendments to the Constitution, were incorporated into 
the Constitution from Magna Charta, and from the Bill of Rights of 
1 688, and it is the duty of the government to secure to the people these 
rights against any denial, encroachment, or perversion by any department 
of the government. 

The phrase " common law," used in the seventh Amendment, is in con- 
tradistinction to suits of equity, of admiralty, and of maritime jurisdic- 
tion. *' Suits at common law " are suits in which legal rights were to 
be ascertained and determined in distinction of equitable rights and equi- 
table remedies ; or of suits in admiralty, in which a mixture of public law 
and of maritime law and equity is found in the same suit. 

Under the Articles of Confederation there was no court of common 
law jurisdiction, but Congress established courts of partial admiralty 
jurisdiction, and was authorized to create special courts to decide ques- 
tions of boundary between States, or any other cause or controversy of 



142 THE CONSTITUTION. 

private right of soil under grants from two or more States. — Articles of 
Confederation, Art. IX. Sections 1, 2, 3. 

• The United States Courts exercise only such equity powers as are con- 
ferred by an Act of Congress, and those judicial powers which the High 
Court of Chancery in England, as a court of equity, possessed and exer- 
cised at the time of the formation of the Constitution of the United 
States. — 2 Clifford's C. C. Eeports, p. 492. 

In a larger work, on the Theory and Construction of the Constitution 
of the United States, the prohibitions on Legislation, and the concurrent 
Jurisdiction of Courts, will be more fully considered than can be done in 
a small manual designed for use in public schools. 



THE 



CONSTITUTION 



OP THE 



STATE OF ILLINOIS, 



AS 



ADOPTED m CONVENTION, MAY 13, 1870, 



AND 



RATIFIED BY THE PEOPLE OF THE STATE, 
July 2, 18^0. 



CAEEFULLY COIUPARED WTFH THE ORIGINAL PARCIDIENTS, AND 

IDENTICAL THEREWITH IN WORDS, LETTERS, 

AND PUNCTUATION. 

1872. 



INTEODUCTOEY 



TO THE 



CONSTITUTION OF THE STATE. 



After having learned thoroughly the manual portion 
of the book, and reviewed the text of the Constitution 
of the United States, which precedes it, the pupil will 
be qualified to enter upon the study of the Constitution 
of the State in which he resides. 

The rules of construction applicable to the study of 
the Constitution of a State are few and simple. 

1st. In the system of republican government of the 
United States only the people as a nation possess su- 
preme, absolute sovereignty, and the Legislature of a 
State exercise the entire law-making power of the State, 
except as restrained by the written Constitution of the 
State. 

2d. The security and the enjoyment of life, liberty, 
and property lie at the foundation of all legislation. 

3d. In the study of the Constitution of a State, re- 
gard must be had to the limitations imposed on legisla- 
tion in the Constitution of the United States, and next, 
to those contained in the Constitution of the State in 
which the person resides. 

4th. That every act of legislation, either directly or 
indirectly, should have reference to the safety, pros- 
perity, and happiness of the people of the State. 



146 THE CONSTITUTION OF ILLINOIS. 

5th. That the authority of a State, in relation to its 
own internal polity, its municipal legislation, under its 
own Constitution, subject to the provisions of the 
Constitution of the United States, is complete and 
exclusive. 

6th. That in the construction of the powers granted 
in a Constitution, such meaning must be given to the 
words of the text, as will give full force and effect to 
each word in any clause of any section of the Constitu- 
tion, — that there may be no void, or insignificant words 
used. 

7th. That the people, in the adoption of a Constitu- 
tion, employ the words of the text in their general rea- 
sonable use, and that the intention of the people must 
be found in the Constitution itself. Neither the legis- 
lature nor the courts may add to, or take from, the words 
of the Constitution taken in their natural, usual, signi- 
fication. 

8th. When a State changes its Constitution, all ex- 
isting laws continue in force not inconsistent with it ; 
but all laws repugnant to it are repealed by impli- 
cation. 

9th. The rule of construction adopted by the courts 
is the following : The Constitution of the United States 
receives a strict construction, a State Constitution re- 
ceives a liberal construction in relation to powers unde- 
fined or reserved. 

10th. In the interpretation of the language of written 
constitutions, and in the construction of the powers of 
existing governments, it rests with the courts to make 
our system of government as free from an abuse of 
power as any forms that have existed. 

11th. Constitutions are limitations of the powers of 



THE CONSTITUTION OF ILLINOIS. 147 

governments, in the hands of the representatives of the 
people, and they must be construed in harmony with 
the principles affirmed in the Declaration of Independ- 
ence as the basis of Eepublican Government. 

G. S. W. 

Supreme Court Law Library, 
Ottawa, Illinois, October 16, 1871. 



CONSTITUTION OF 1870. 



[Adopted in Convention 13 May, 1870; ratified by the people 2 July, 1870 j 
in force 8 Aug. 1870.] 



PREAMBLE. 

We, the people of the State of Illinois, — grateful to 
Almighty God for the civil, political and religious liberty 
which He hath so long permitted us to enjoy, and look- 
ing to Him for a blessing upon our endeavors to secure 
and transmit the same unimpaired to succeeding gen- 
erations, — in order to form a more perfect government, 
establish justice, insure domestic tranquillity, provide for 
the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our pos- 
terity ; do ordain and establish this Constitution for the 
State of Illinois. 

ARTICLE I. 

BOUND AEIES. 

The boundaries and jurisdiction of the State shall be 
as follows, to-wit : Beginning at the mouth of the 
Wabash River ; thence up the same, and with the line 
of Indiana, to the northwest corner of said State ; thence 
east, with the line of the same State, to the middle of 
Lake Michigan ; thence north along the middle of said 
lake, to north latitude forty-two degrees and thirty 



THE CONSTITUTION OF ILLINOIS. 149 

minutes ; tlience west to the middle of the Mississippi 
River, and thence down along the middle of that river 
to its confluence with the Ohio River, and thence up 
the latter river, along its northwestern shore, to the 
place of beginning ; Provided^ that this State shall ex- 
ercise such jurisdiction upon the Ohio River, as she is 
now entitled to, or such as may hereafter be agreed 
upon by this State and the State of Kentucky. 

ARTICLE II. 

BILL OF RIGHTS. 

§ 1. Inherent and Inalienable Riglits. 

§ 2. Due Process of Law. 

§ 3. Liberty of Conscience Guaranteed. 

§ 4. Freedom of the Press — Libel. 

§ 5. Right of Trial by Jury. 

§ 6. Unreasonable Searches and Seizures. 

§ 7. Bail allowed — Writ of Habeus Corpus. 

§ 8. Indictment required — Grand Jury Abolished. 

§ 9. Rights of Persons Accused of Crime. 

§ 10. Self Crimination — Former Trial. 

§ 11. Penalties proportionate — Corruption — For- 
feiture. 

§ 12. Imprisonment for Debt. 

§ 13. Compensation for Property talcen. 

§ 14. Ex post facto Laws — Irrevocable Grants. 

§ 15. Military Power Subordinate. 

§ 16. Quartering of Soldiers. 

§ 17. Right of Assembly and Petition. 

§ 18. Elections to be Free and Fqual. 

§ 19. What Laws ought to be. 

§ 20. Fundamental Principles. 



150 THE CONSTITUTION OF ILLINOIS. 

§ 1. All men are by nature free and independent, 
and have certain inherent and inalienable rights, — 
among these are life, liberty, and the pursuit of happi- 
ness. To secure these rights and the protection of 
property, governments are instituted among men, de- 
riving their just powers from the consent of the gov- 
erned. 

§ 2. No person shall be deprived of life, liberty, or 
property, without due process of law. 

§ 3. The free exercise and enjoyment of religious 
profession and worship, without discrimination, shall 
forever be guaranteed ; and no person shall be denied 
any civil or political right, privilege, or capacity, on 
account of his religious opinions ; but the liberty of 
conscience hereby secured shall not be construed to 
dispense with oaths or affirmations, excuse acts of 
licentiousness, or justify practices inconsistent with 
the peace or safety of the State. No person shall be 
required to attend or support any ministry or place of 
worship against his consent, nor shall any preference be 
given by law to any religious denomination or mode of 
worship. 

§ 4. Every person may freely speak, write, and 
publish on all subjects, being responsible for the abuse 
of that liberty ; and in all trials for libel, both civil and 
criminal, the truth, when published with good motives 
and for justifiable ends, shall be a sufficient defence. 

§ 5. The right of trial by jury as heretofore en- 
joyed, shall remain inviolate ; but the trial of civil cases 
before justices of the peace by a jury of less than 
twelve men, may be authorized by law. 

§ 6. The right of the people to be secure in their 
persons, houses, papers, and effects, against unreasona- 



THE CONSTITUTION OF ILLINOIS. 151 

ble searclies and seizures, shall not be violated ; and no 
warrant shall issue without probable cause, supported 
by affidavit, particularly describing the place to be 
searched, and the persons or things to be seized. 

§ 7. All persons shall be bailable by sufficient 
sureties, except for capital offences, where the proof is 
evident or the presumption great ; and the privilege of 
the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety 
may require it. 

§ 8. No person shall be held to answer for a crim- 
inal offence, unless on indictment of a grand jury, 
except in cases in which the punishment is by fine, or 
imprisonment otherwise than in the penitentiary, in 
cases of impeachment, and in cases arising in the army 
and navy, or in the militia when in actual service in 
time of war or public danger : Provided^ that the grand 
jury may be abolished by law in all cases. 

§ 9. In all criminal prosecutions, the accused shall 
have the right to appear and defend in person and 
by counsel; to demand the nature and cause of the 
accusation, and to have a copy thereof; to meet the 
witnesses face to face, and to have process to compel 
the attendance of witnesses in his behalf, and a speedy 
public trial by an impartial jury of the county or dis- 
trict in which the offence is alleged to have been com- 
mitted. 

§ 10. No person shall be compelled in any criminal 
case to give evidence against himself, or be twice put 
in jeopardy for the same offence. 

§ 11. All penalties shall be proportioned to the 
nature of the offence ; and no conviction shall work 
corruption of blood or forfeiture of estate ; nor shall 



152 THE CONSTITUTION OF ILLINOIS. 

any person be transported out of the State for any 
offence committed within the same. 

§ 12. No person shall be imprisoned for debtjunless 
upon refusal to deliver up his estate for the benefit of 
his creditors, in such manner as shall be prescribed by 
law ; or in cases where there is strong presumption of 
fraud. 

§ 13. Private property shall not be taken or dam- 
aged for public use without just compensation. Such 
compensation, when not made by the State, shall be 
ascertained by a jury, as shall be prescribed by law. 
The fee of land taken for railroad tracks, without con- 
sent of the owners thereof, shall remain in such owners, 
subject to the use for which it is taken. 

§ 14. No ex post facto law, or law impairing the 
obligation of contracts, or making any irrevocable grant 
of special privileges or immunities, shall be passed. 

§ 15. The military shall be in strict subordination 
to the civil power. 

§ 16. No soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner ; nor 
in time of war except in the manner prescribed by law. 

§ 17. The people have the right to assemble in a 
peaceable manner to consult for the common good, to 
make known their opinions to their representatives, and 
to apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy 
in the laws for all injuries and wrongs which he may 
receive in his person, property, or reputation ; he ought 
to obtain, by law, right and justice freely, and without 
being obliged to purchase it, completely and without 
denial, promptly and without delay. 



THE CONSTITUTION OF ILLINOIS. 153 

§ 20. A frequent recurrence to the fundamental 
principles of civil government is absolutely necessary to 
preserve the blessings of liberty. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the Government of this State are 
divided into three distinct departments, — the Legisla- 
tive, Executive, and Judicial ; and no person, or collec- 
tion of persons, being one of these departments, shall 
exercise any power properly belonging to either of the 
others, except as hereinafter expressly directed or per- 
mitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

§ 1. General Assembly elective. 

§ 2. Time of Election — Vacancies. 

§ 3. Who are Eligible. 

§ 4. Disqualification by Crime. 

§ 5. Oath tahen by Members. 

§ 6. Senatorial Apportionment. 
§§ 7 & 8. Minority Representation. 

§ 9, Time of Meeting — General Rules. 

§10. Secrecy — Adjournments — Journals — Protests. 

§11. Style of Laws. 

§ 12. Origin and Passage of Bills. 

§ 1 3. Reading — Printing — Title — Amendments. 

§ 14. Privileges of Members. 

§ 15. Disabilities of Members. 

§ 16. Bills mailing Appropriations 

7* 



154 TEE CONSTITUTION OF ILLINOIS. 

§ 17. Payment of Money — Statement of Expenses. 

■ § 18. Ordinary Expenses — Casual Deficits — Ap- 
propriations limited. 

§ 19. Extra Compensation or Allowance. 

§ 20. Public Credit not loaned. 

§ 21. Pay and Mileage of Members. 

§ 22. Special Legislation prohibited. 

§ 23. Against Release from Liability. 

§ 24. Proceedings on Lmpeachment. 

§ 25. Fuel, Stationery, and Printing. 

§ 26. State not to be sued. 

§ 27. Lotteries and Grift Enterprises. 

§ 28. Terms of Office not Extended. 

§ 29. Protection of operative Miners. 

§ 30. Concerning Roads — Public and Private. 

§ 31. Draining and Ditching. 

§ 32. Homestead and Exemption Laws. 

§ 33. Completion of the State House. 

§ 1. The legislative power shall be vested in a Gen- 
eral Assembly, which shall consist of a Senate and 
House of Eepresentatives, both to be elected by the 
people. 

ELECTION. 

§ 2. An election for members of the General Assem- 
bly shall be held on the Tuesday next after the first 
Monday in November, in the year of our Lord 1870, 
and every two years thereafter, in each county, at such 
places therein as may be provided by law. When 
vacancies occur in either House, the Governor, or person 
exercising the powers of Governor, shall issue writs of 
election to fill such vacancies. 



THE CONSTITUTION OF ILLINOIS. 155 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a Senator who shall not 
have attained the age of twenty-five years, or a Repre- 
sentative who shall not have attained the age of 
twenty-one years. No person shall be a Senator or a 
Representative who shall not be a citizen of the United 
States, and who shall not have been for five years a resi- 
dent of this State, and for two years next preceding his 
election a resident within the territory forming the dis- 
trict from which he is elected. No judge or clerk of 
any court, secretary of state, attorney-general. State's 
attorney, recorder, sheriff, or collector of public rev- 
enue, member of either House of Congress, or person 
holding any lucrative office under the United States or 
this State, or any foreign government, shall have a seat 
in the General Assembly : Provided^ that appointments 
in the militia, and the offices of notary public and jus- 
tice of the peace, shall not be considered lucrative. 
Nor shall any person holding any office of honor or 
profit under any foreign government, or under the 
government of the United States (except postmasters 
whose annual compensation does not exceed the sum of 
i 300), hold any office of honor or profit under the 
authority of this State. 

§ 4. No person who has been, or hereafter shall be 
convicted of bribery, perjury, or other infamous crime, 
nor any person who has been or may be a collector or 
holder of public moneys, who shall not have accounted 
for and paid over, according to law, all such moneys 
due from him, shall be eligible to the General Assembly, 
or to any office of profit or trust in this State. 

§ 5. Members of the General Assembly, before they 



156 THE CONSTITUTION OF ILLINOIS. 

enter upon their official duties, shall take and subscribe 
the following oath or affirmation : 

I do solemnly swear [or affirm] that I will support the Consti- 
tution of the United States and the Constitution of the State of 
Illinois, and will faithfully discharge the duties of Senator [or Repre- 
sentative] according to the best of my ability ; and that I have not, 
knowingly or intentionally, paid or contributed anything, or made 
any promise in the nature of a bribe, to directly or indirectly influence 
any vote at the election at which I was chosen to fiU the said office, 
and have not accepted, nor will I accept or receive, directly or indi- 
rectly, any money or other valuable thing, from any corporation, 
company, or person, for any vote or influence I may give or with- 
hold on any bill, resolution, or appropriation, or for any other official 
act. 

This oath shall be administered by a judge of the 
Supreme or Circuit Court in the hall of the House to 
which the member is elected, and the Secretary of State 
shall record and file the oath subscribed by each mem- 
ber. Any member who shall refuse to take the oath 
herein prescribed shall forfeit his office, and CA^ery 
member who shall be convicted of having sworn falsely 
to, or of violating, his said oath, shall forfeit his office 
and be disqualified thereafter from holding any office of 
profit or trust in this State* 

APPORTIONMENT — SENATORIAL. 

§ 6. The General Assembly shall apportion the State 
every ten years, beginning with the year 1871, by di- 
viding the population of the State, as ascertained by 
the federal census, by the number 51, and the quotient 
shall be the ratio of representation in the senate. The 
State shall be divided into fifty-one senatorial districts, 
each of which shall elect one senator, whose term of 
office shall be four years. The senators elected in the 



THE CONSTITUTION OF ILLINOIS. 157 

year of our Lord 1872, in districts bearing odd num- 
bers, shall vacate their offices at the end of two years, 
and those elected in districts bearing even numbers, at 
the end of four years ; and vacancies occurring by the 
expiration of term shall be filled by the election of Sen- 
ators for the full term. Senatorial districts shall be 
formed of contiguous and compact territory, bounded 
by county lines, and contain as nearly as practicable an 
equal number of inhabitants ; but no district shall con- 
tain less than four-fifths of the senatorial ratio. Coun- 
ties containing not less than the ratio and three-fourths, 
may be divided into separate districts, and shall be en- 
titled to two senators, and to one additional senator for 
each number of inhabitants equal to the ratio contained 
by such counties in excess of twice the number of said 
ratio. 

MINOEITY EEPRESENTATION. 

§§ 7 & 8. The House of Representatives shall con- 
sist of three times the number of the members of the 
Senate, and the term of office shall be two years. Three 
Eepresentatives shall be elected in each senatorial dis- 
trict at the general election in the year of our Lord 
1872, and every two years thereafter. In all elections 
of representatives aforesaid, each qualified voter may 
cast as many votes for one candidate as there are rep- 
resentatives to be elected, or may distribute the same, or 
equal parts thereof, among the candidates, as he shall 
see fit ; and the candidates highest in votes shall be 
declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the General Assembly shall 
commence at 12 o'clock noon, on the Wednesday next 



158 THE CONSTITUTION OF ILLINOIS. 

after the first Monday in January, in the year next en- 
suing the election of members thereof, and at no other 
time, unless as provided by this Constitution. A ma- 
jority of the members elected to each House shall con- 
stitute a quorum. Each House shall determine the 
rules of its proceedings, and be the judge of the elec- 
tion, returns, and qualifications of its members ; shall 
choose its own officers ; and the Senate shall choose a 
temporary President to preside when the Lieutenant- 
Governor shall not attend as President or shall act 
as Governor. The Secretary of State shall call the 
House of Representatives to order at the opening of 
each new Assembly, and preside over it until a tem- 
porary presiding officer thereof shall have been chosen 
and shall have taken his seat. No member shall be 
expelled by either House, except by a vote of two-thirds 
of all the members elected to that House, and no mem- 
ber shall be twice expelled for the same offence. Each 
House may punish by imprisonment any person, not a 
member, who shall be guilty of disrespect to the House 
by disorderly or contemptuous behavior in its presence. 
But no such imprisonment shall extend beyond twenty- 
four hours at one time, unless the person shall persist 
in such disorderly or contemptuous behavior. 

§ 10. The doors of each House, and of committees 
of the whole, shall be kept open, except in such cases 
as, in the opinion of the House, require secrecy. Nei- 
ther House shall, without the consent of the other, ad- 
journ for more than two days, or to any other place 
than that in which the two Houses shall be sitting. 
Each House shall keep a journal of its proceedings, 
which shall be published. In the Senate, at the request 
of two members, and in the House at the request of five 



THE CONSTITUTION OF ILLINOIS. 159 

members, the yeas and nays shall be taken, on any 
question, and entered upon the journal. Any two 
members of either House shall have liberty to dissent 
from and protest, in respectful language, against any 
act or resolution which they think injurious to the 
public or to any individual, and have the reasons of 
their dissent entered upon the journals. 

STYLE OF LAWS, AND PASSAGE OF BILLS. 

§ 11. The style of the laws of this State shall be : 
Be it enacted hy the People of the State of Illinois, repre- 
sented in the General A^emhly, 

§ 12. Bills may originate in either House, but may 
be altered, amended, or rejected by the other ; and on 
the final passage of all bills, the vote shall be by yeas 
and nays, upon each bill separately, and shall be entered 
upon the journal ; and no bill shall become a law with- 
out the concurrence of a majority of the members 
elected to each House. 

§ 13. Every bill shall be read at large on three 
different days, in each House ; and the bill and all 
amendments thereto shall be printed before the vote is 
taken on its final passage ; and every bill, having passed 
both Houses, shall be signed by the speakers thereof. 
No act hereafter passed shall embrace more than one 
subject, and that shall be expressed in the title. But 
if any subject shall be embraced in an act which shall 
not be expressed in the title, such act shall be void only 
as to so much thereof as shall not be so expressed ; and 
no law shall be revived or amended by reference to its 
title only, but the law revived, or the section amended 
shall be inserted at length in the new act. And no act 
of the General Assembly shall take effect until the first 



160 THE CONSTITUTION OF ILLINOIS. 

day of July next after its passage, unless, in case of 
emergency (which emergency shall be expressed in the 
preamble or body of the act), the General Assembly 
shall, by a vote of two-thirds of all the members elected 
to each House, otherwise direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases 
except treason, felony, or breach of the peace, be privi- 
leged from arrest during the session of the General As- 
sembly, and in going to and returning from the same ; 
and for any speech or debate in. either House, they shall 
not be questioned in any other place. 

§ 15. No person elected to the General Assembly 
shall receive any civil appointment within this State 
from the Governor, the Governor and Senate, or from the 
General Assembly, during the term for which he shall 
have been elected ; and all such appointments, and all 
votes given for any such members for any such office or 
appointment, shall be void ; nor shall any member of 
the General Assembly be interested, either directly or 
indirectly, in any contract with the State, or any county 
thereof, authorized by any law passed during the term 
for which he shall have been elected, or within one 
year after the expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The General Assembly shall make no appro- 
priation of money out of the treasury in any private law. 
Bills making appropriations for the pay of members and 
officers of the General Assembly, and for the salaries 
of the officers of the government, shall contain no pro- 
vision on any other subject. 



THE CONSTITUTION OF ILLINOIS. 161 

§ IT. No money shall be drawn from the treasury 
except in pursuance of an appropriation made by law, 
and on the presentation of a warrant issued by the 
auditor thereon ; and no money shall be diverted from 
any appropriation made for any purpose, or taken from 
any fund whatever, either by joint or separate resolu- 
tion. The auditor shall, within sixty days after the ad- 
journment of each session of the General Assembly, 
prepare and publish a full statement of all money ex- 
pended at such session, specifying the amount of each 
item, and to whom and for what paid. 

§ 18. Each General Assembly shall provide for all 
the appropriations necessary for the ordinary and con- 
tingent expenses of the government until the expiration 
of the first fiscal quarter after the adjournment of the 
next regular session, the aggregate amount of which 
shall not be increased without a vote of two-thirds of 
the members elected to each House, nor exceed the 
amount of revenue authorized by law to be raised in 
such time ; and all appropriations, general or special, 
requiring money to be paid out of the State treasury, 
from funds belonging to the State, shall end with such 
fiscal quarter : Provided, the State may, to meet casual 
deficits or failures in revenues, contract debts, never to 
exceed in the aggregate two hundred and fifty thousand 
dollars ; and moneys thus borrowed shall be applied to 
the purpose for which they were obtained, or to pay 
the debt thus created, and to no other purpose; and 
no other debt, except for the purpose of repelling inva- 
sion, suppressing insurrection, or defending the State in 
war, (for payment of which the faith of the State shall 
be pledged,) shall be contracted, unless the law author- 
izing the same shall, at a general election, have been sub- 



162 THE CONSTITUTION OF ILLINOIS. 

mitted to the people, and Lave received a majority of the 
votes cast for members of the General Assembly at such 
election. The General Assembly shall provide for the 
publication of said law for three months, at least, before 
the vote of the people shall be taken upon the same ; 
and provision shall be made, at the time, for the pay- 
ment of the interest annually, as it shall accrue, by a 
tax levied for the purpose, or from other sources of rev- 
enue ; which law, providing for the payment of such 
interest by such tax, shall be irrepealable until such 
debt be paid : And provided further, that the law levy- 
ing the tax shall be submitted to the people with the 
law authorizing the debt to be contracted. 

§ 19. The General Assembly shall never grant or 
authorize extra compensation, fee, or allowance to any 
public officer, agent, servant, or contractor, after service 
has been rendered or a contract made, nor authorize 
the payment of any claim, or part thereof, hereafter 
created against the State under any agreement or con- 
tract made without express authority of law ; and all 
such unauthorized agreements or contracts shall be null 
and void : Provided, the General Assembly may make 
appropriations for expenditures incurred in suppressing 
insurrection or repelling invasion. 

§ 20. The State shall never pay, assume, or become 
responsible for the debts or liabilities of, or in any man- 
ner give, loan, or extend its credit to, or in aid of, any 
public or other corporation, association, or individual. 

PAY OF MEMBERS. 

§ 21. The members of the General Assembly shall 
receive for their services the sum of five dollars per 
day, during the first session held under this Constitu- 



THE CONSTITUTION OF ILLINOIS. 163 

tion, and ten cents for each mile necessarily travelled 
in going to and returning from the seat of government, 
to be computed by the auditor of public accounts ; and 
thereafter such compensation as shall be prescribed by 
law, and no other allowance or emolument, directly or 
indirectly, for any purpose whatever ; except the sum 
of fifty dollars per session to each member, which shall 
be in full for postage, stationery, newspapers, and all 
other incidental expenses and perquisites ; but no 
change shall be made in the compensation of members 
of the General Assembly during the term for which 
they may have been elected. The pay and mileage 
allowed to each member of the General Assembly shall 
be certified by the speakers of their respective houses, 
and entered on the journals, and published at the close 
of each session. 

SPECIAL LEGISLATION PEOHIBITED. 

§ 22. The General Assembly shall not pass local or 
special laws in any of the foUowuig enumerated cases, 
that is to say : for — 

Granting divorces ; 

Changing the names of persons or places ; 

Laying out, opening, altering, and working roads or 
highways ; 

Vacating roads, town plats, streets, alleys, and public 
grounds ; 

Locating or changing county seats ; 

Regulating county and township affairs ; 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of 
the peace, police magistrates, and constables ; 

Providing for changes of venue in civil and criminal 
cases ; 



164 THE CONSTITUTION OF ILLINOIS. 

Incorporating cities, towns, or villages, or changing, 
or amending the charter of "any town, city or village ; 

Providing for the election of members of the board 
of supervisors in townships, incorporated towns or 
cities ; 

Summoning and impanelling grand or petit juries ; 

Providing for the management of common schools ; 

Eegulating the rate of interest on money ; 

The opening and conducting of any election, or desig- 
nating the place of voting ; 

The sale or mortgage of real estate belonging to 
minors or others under disability ; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges ; 

Remitting fines, penalties, or forfeitures ; 

Creating, increasing, or decreasing fees, percentage 
or allowances of public officers,during the term for which 
said officers are elected or appointed ; 

Changing the law of descent ; 

Granting to any corporation, association, or individual 
the right to lay down railroad tracks, or amending ex- 
isting charters for such purpose ; 

Granting to any corporation, association, or individ- 
ual any special or exclusive privilege, immunity, or 
franchise whatever. 

In all other cases where a general law can be made 
applicable, no special law shall be enacted. 

§ 23. The General Assembly shall have no power to 
release or extinguish, in whole or in part, the indebted- 
ness, liability, or obligation of any corporation or indi- 
vidual to this State or to any municipal corporation 
therein. 



THE CONSTITUTION OF ILLINOIS. 165 

IMPEACHMENT. 

§ 24. The House of Kepresentatiyes shall have the 
sole power of impeachment ; but a majority of all the 
members elected must concur therein. All impeach- 
ments shall be tried by the Senate ; and when sitting 
for that purpose, that Senators shall be upon oath, or 
affirmation, to do justice according to law and evidence. 
When the Governor of the State is tried, the Chief Jus- 
tice shall preside. No person shall be convicted without 
the concurrence of two-thirds of the Senators elected. 
But judgment, in such cases, shall not extend further 
than removal from office, and disqualification to hold 
any office of honor, profit, or trust under the govern- 
ment of this State. The party, whether convicted or 
acquitted, shall, nevertheless, be liable to prosecution, 
trial, judgment, and punishment according to law. 

MISCELLANEOUS. 

§ 25. The General Assembly shall provide, by law, 
that the fuel, stationery, and printing paper furnished 
for the use of the State ; the copying, printing, binding, 
and distributing the laws and journals, and all other 
printing ordered by the General Assembly, shall be let 
by contract to the lowest responsible bidder ; but the 
General Assembly shall fix a maximum price ; and no 
member thereof, or other officer of the State, shall 
be interested, directly or indirectly, in such contract. 
But all such contracts shall be subject to the approval 
of the Governor, and if he disapproves the same, 
there shall be a re-letting of the contract, in such 
manner as shall be prescribed by law. 

§ 26. The State of Illinois shall never be made de- 
fendant in any court of law or equity. 



166 THE CONSTITUTION OF ILLINOIS. 

§ 27. The General Assembly shall have no power to 
authorize lotteries or gift enterprises, for any purpose, 
and shall pass laws to prohibit the sale of lottery or gift- 
enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to 
extend the term of any public officer after his election 
or appointment. 

§ 29. It shall be the duty of the General Assembly 
to pass such laws as may be necessary for the protection 
of operative miners, by providing for ventilation, when 
the same may be required, and the construction of es- 
capement-shafts, or such other appliances as may secure 
safety in all coal-mines, and to provide for the enforce- 
ment of said laws by such penalties and punishments, 
as may be deemed proper. 

§ 30. The General Assembly may provide for estab- 
lishing and opening roads and cartways, connected with 
a public road, for private and j)ublic use. 

§ 31. The General Assembly may pass laws permit- 
ting the owners or occupants of lands to construct 
drains and ditches, for agricultural and sanitary pur- 
poses, across the lands of others. 

§ 32. The General Assembly shall pass liberal home- 
stead and exemption laws. 

§ 33. The General Assembly shall not appropriate 
out of the State treasury, or expend on account of the 
new capitol grounds, and construction, completion, and 
furnishing of the state house, a sum exceeding, in the 
aggregate, three million five hundred thousand dollars, 
inclusive of all appropriations heretofore made, without 
first submitting the proposition for an additional expen- 
diture to the legal voters of the State, at a general elec- 
tion ; nor unless a majority of all the votes cast at such 
election shall be for the proposed additional expenditure. 



THE CONSTITUTION OF ILLINOIS. 167 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

§ 1, Officers of this Department. 

§ 2. Of the State Treasurer. 

§ 3. Time of electing State Officers. 

§ 4. Returns — Tie — Contested Election. 

§ 5. Migibility for Office. 

§ 6. Grovernor — Power and Duty. 

§ 7. Sis Message and Statement. 

§ 8. Convening the G-eneral Assembly. 

§ 9. Proroguing the G-eneral Assembly . 

§ 10. Nominations hy the Governor. 

§ 11. Vacancies may he filled. 

§ 12. Removals hy the Crovernor. 

§ 13. Reprieves — Commutations — Pardons. 

§ 14. Governor as Commander-in-Chief. 

§ 15. Impeachment for Misdemeanor, 

§ 16. Veto of the Governor. 

§ 17. Lieutenant- Govrenor as Governor. 

§ 18. As President of the Senate. 

§ 19. Vacancy in Governor's Office. 

§ 20. Vacancy in other State Offices. 

§ 21. Reports of State Officers. 

§ 22. Great Seal of State. 

§ 23. Fees and Salaries. 

§ 24. Definition of " Office.'' 

§ 25. Oath of Civil Officers. 

EXECUTIVE DEPARTMENT. 

§ 1. The executive department shall consist of a 
Governor, Lieutenant-Governor, Secretary of State, 
Auditor of Public Accounts, Treasurer, Superintendent 



168 THE CONSTITUTION OF ILLINOIS. 

of Public Instruction, and Attorney-General, who shall, 
each, with the exception of the Treasurer, hold his 
office for the term of four years from the second Mon- 
day of January next after his election, and until his 
successor is elected and qualified. They shall, except 
the Lieutenant-Governor, reside at the seat of govern- 
ment during their term of office, and keep the public 
records, books, and papers there, and shall perform 
such duties as may be prescribed by law. 

§ 2. The Treasurer shall hold his office for the term 
of two years, and until his successor is elected and 
qualified ; and shall be ineligible to said office for two 
years next after the end of the term for which he 
was elected. He may be required by the Governor to 
give reasonable additional security, and in default of so 
doing his office shall be deemed vacant. 

ELECTION. 

§ 3. An election for Goveanor, Lieutenant-Governor, 
Secretary of State, Auditor of Public Accounts, and At- 
torney-General, shall be held on the Tuesday next after 
the first Monday of November, in the year of our Lord 
1872, and every four years thereafter ; for Superintend- 
ent of Public Instruction, on the Tuesday next after the 
first Monday of November, in the year 1870, and every 
four years thereafter ; and for Treasurer on the day last 
above mentioned, and every two years thereafter, at 
such places and in such manner as may be prescribed 
by law. 

§ 4. The returns of every election for the above- 
named officers shall be sealed up and transmitted, by 
the returning officers, to the Secretary of State, directed 
to " The Speaker of the House of Representatives," 



THE CONSTITUTION OF ILLINOIS. 1G9 

who shall, immediately after the organization of the 
House, and before proceeding to other business, open 
and publish the same in the presence of a majority of 
each House of the General Assemljly, who shall, for 
that purpose, assemble in the hall of the House of Rep- 
resentatives. The person having tlie highest number 
of votes for either of said offices shall be declared duly 
elected ; but if two or more have an equal, and the 
highest, number of votes, the general assembly shall, by 
joint ballot, choose one of such persons for said office. 
Contested elections for all of said offices shall be deter- 
mined by both houses of the General Assembly, by joint 
ballot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of Gov- 
ernor, or Lieutenant-Governor, who shall not have at- 
tained the age of thirty years, and been, for five years 
next preceding his election, a citizen of the United 
States and of this State. Neither the Governor, Lieuten- 
ant-Governor, Auditor of Public Accounts, Secretary of 
State, Superintendent of Public Instruction, nor Attor- 
ney-General shall be eligible to any other office during 
the period for which he shall have been elected. 

GOYERNOR. 

§ 6. The supreme executive power shall be vested 
in the Governor, who shall take care that the laws be 
faithfully executed. 

§ 7. The Governor shall, at the commencement of 

each session, and at the close of his term of office, give 

to the General Assembly information, by message, of the 

condition of the State, and shall recommend such meas- 

8 



170 THE CONSTITUTION OF ILLINOIS. 

ures as he shall deem expedient. He shall account to 
the General Assembly, and accompany his message with 
a statement of all moneys received and paid out by him 
from any fmids subject to his order, with vouchers, and, 
at the commencement of each regular session present 
estimates of the amount of money required to be raised 
by taxation for all purposes. 

§ 8. The Governor may, on extraordinary occasions, 
convene the General Assembly, by proclamation, stating 
therein the purpose for which they are convened ; and 
the General Assembly shall enter upon no business ex- 
cept that for which they were called together. 

§ 9. In case of a disagreement between the two 
houses with respect to the time of adjournment, the 
Governor may, on the same being certified to him by 
the house first moving the adjournment, adjourn the 
General Assembly to such time as he thinks proper, not 
beyond the first day of the next regular session. 

§ 10. The Governor shall nominate and, by and with 
the advice and consent of the Senate (a majority of all 
the senators elected concurring, by yeas and nays), ap- 
point all officers whose offices are established by this 
Constitution, or which may be created by law, and 
whose appointment or election is not otherwise provided 
for ; and no such officer shall be appointed or elected 
by the General Assembly. 

§ 11. In case of a vacancy, during the recess of the 
Senate, in any office which is not elective, the Governor 
shall make a temporary appointment until the next meet- 
ing of the Senate, when he shall nominate some person 
to fill such office ; and any person so nominated, who is 
confirmed by the Senate (a majority of all the senators 
elected concurring, by yeas and nays), shall hold his 



THE CONSTITUTION OF ILLINOIS. 171 

office during the remainder of the term, and until his 
successor shall be appointed and qualified. No person, 
after being rejected by the Senate, shall be again nomi- 
nated for the same office at the same session, unless at 
the request of the Senate, or be appointed to the same 
office during the recess of the General Assembly. 

§ 12. Tlie Governor shall have power to remove any 
officer whom he may appoint, in case of incompetency, 
neglect of duty, or malfeasance in office ; and he may 
declare his office vacant, and fill the same as is herein 
provided in other cases of vacancy. 

§ 13. The Governor shall have power to grant re- 
prieves, commutations, and pardons, after conviction, 
for all offences, subject to such regulations as may be 
provided by law relative to the manner of applying 
therefor. 

§ 14. The Governor shall be commander-in-chief of 
the military and naval forces of the State (except when 
they shall be called into the service of the United 
States) ; and may call out the same to execute the laws, 
suppress insurrection, and repel invasion. 

§ 15. The Governor, and all civil officers of this State, 
shall be liable to impeachment for any misdemeanor in 
office. 

VETO. 

§ 16. Every bill passed by the General Assembly 
shall, before it becomes a law, be presented to the Gov- 
ernor. If he approve, he shall sign it, and thereupon 
it shall become a law ; but if he do not approve, he 
shall return it, with his objections, to the house in 
which it shall have originated, which house shall enter 
the objections at large upon its journal, and pro- 



172 THE CONSTITUTION OF ILLINOIS. 

ceed to reconsider the bill. If, then, two-thirds of the 
members elected agree to pass the same, it shall be sent, 
together with the objections, to the other house, by 
which it shall likewise be reconsidered ; and if ap- 
proved by two-thirds of the members elected to that 
house, it shall become a law, notwithstanding the ob- 
jections of the Governor. But in all such cases, the 
vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which 
shall not be returned by the Governor within ten days 
(Sundays excepted) after it shall have been presented 
to him, shall become a law in like manner as if he had 
signed it, unless the General Assembly shall, by their 
adjournment, prevent its return ; in which case it shall 
be filed, with his objections, in the office of the Secre- 
tary of State, within ten days after such adjournment, 
or become a law. 

LIEUTENANT-GOVERNOR. 

§ 17. In case of the death, conviction on impeach- 
ment, failure to qualify, resignation, absence from the 
State, or other disability of the Governor, the powers, 
duties, and emoluments of the office for the residue of 
the term, or until the disability shall be removed, shall 
devolve upon the Lieutenant-Governor. 

§ 18. The Lieutenant-Governor shall be President 
of the Senate, and shall vote only when the Senate is 
equally divided. The Senate shall choose a President 
pro tempore^ to preside in case of the absence or im- 
peachment of the Lieutenant-Governor, or when he shall 
hold the office of Governor. 

§ 19. If there be no Lieutenant-Governor, or if the 
Lieutenant Governor shall, for any of the causes sped- 



THE CONSTITUTION OF ILLINOIS. 173 

fied in § 17, of this article, become incapable of per- 
forming the duties of the office, the President of the 
Senate shall act as Governor until the vacancy is filled 
or the disability removed ; and if the President of the 
Senate, for any of the above-named causes, shall be- 
come incapable of performing the duties of Governor, 
the same shall devolve upon the Speaker of the House 
of Representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of Auditor of Public Accounts, 
Treasurer, Secretary of State, Attorney-General, or Su- 
perintendent of Public Instruction shall be vacated by 
death, resignation, or otherwise, it shall be the duty of 
the Governer to fill the same by appointment, and the 
appointee shall hold his office until his successor shall 
be elected and qualified in such manner as may be pro- 
vided by law. An account shall be kept by the officers 
of the executive department, and of all the public in- 
stitutions of the State, of all moneys received or dis- 
bursed by them, severally, from all sources, and for 
every service performed, and a semi-annual report 
thereof be made to the Governor, under oath ; and any 
officer who makes a false report shall be guilty of per- 
jury, and punished accordingly. 

§ 21. The officers of the executive department, and 
of all the public institutions of the State, shall, at least 
ten days preceding each regular session of the General 
Assembly, severally report to the Governor, who shall 
transmit such reports to the General Assembly, together 
with the reports of the judges of the Supreme Court of 
defects in the constitution and laws ; and the Governor 
may at any time require information, in writing, under 



174 THE CONSTITUTION OF ILLINOIS. 

oath, from the officers of the executive department, and 
all officers and managers of State institutions, upon 
any subject relating to the condition, management, and 
expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall 
be called the " Great Seal of the State of Illinois," which 
shall be kept by the Secretary of State, and used by him, 
officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive 
for their services a salary, to be established by law, 
which shall not be increased or diminished during their 
official terms, and they shall not, after the expiration 
of the terms of those in office at the adoption of this 
Constitution, receive to their own use any fees, costs, 
perquisites of office, or other compensation. And all 
fees that may hereafter be payable by law for any ser- 
vices performed by any officer provided for in this arti- 
cle of the Constitution, shall be paid in advance into the 
State treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the 
constitution or law, continuing during the pleasure of 
the appointing power, or for a fixed time, with a suc- 
cessor elected or appointed. An employment is an 
agency, for a temporary purpose, which ceases when 
that purpose is accomplished. 

§ 25. All civil officers, except members of the Gen- 
eral Assembly and such inferior officers as may be by 



THE CONSTITUTION OF ILLINOIS. 175 

law exempted, shall, before they enter on the duties of 
their respective offices, take and subscribe the following 
oath or affirmation : 

I do solemnly swear [or afBrm, as the case may be] that I will 
support the Constitution of the United States, and the Constitution 
of the State of Illinois, and that I will faithfully discharge the 
duties of the office of , according to the best of my ability. 

And no other oath, declaratioiij or test shall be re- 
quired as a qualifi-cation. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

§ 1. Judicial Powers of Courts, 

§ 2. Seven Supreme Judges — Four Decide. 

§ 3. Qualifications of a Supreme Judge. 

§ 4. Terms of the Supreme Court, 

§ 5. Three Grand Divisions — Seven Districts. 

§ 6. Election of Supreme Judges, 

§ 7. Salaries of the Supreme Judges, 

§ 8. Appeals and Writs of Error, 

§ 9. Appointment of Reporter, 

§ 10. Clerks of the Supreme Court, 

§ 11. Appellate Courts authorized, 

§ 12. Jurisdiction of Circuit Courts, 

§ 13. Formation of Judicial Circuits, 

§ 14. Time of holding Circuit Courts. 

§ 15. Circuits containing Four Judges, 

§ 16. Salaries of the Circuit Judges. 

§ 17. Qualifications of Judge or Commissioner. 

§ 18. County Judge — County Clerk. 

§ 19. Appeals from County Courts. 

§ 20. Probate Courts authorized. 



176 THE CONSTITUTION OF ILLINOIS. 

§ 21. Justices of the Peace and Constables. 

§ 22. State's Attorney in each County. 

§ 23. Cook County Courts of Record. 

§ 24. Chief Justice — Poiuer of Judges. 

§ 25. Salaries of the Judges. 

§ 26. Criminal Court of Cook County. 

§ 27. Clerks of Cook County Courts. 

§ 28. Justices in Chicago appointed. 

§ 29. Uniformity in the Courts. 

§ 30. Removal of any Judge. 

§ 31. Judges to make Written Reports. 

§ 32. Terms of Office — Filling Vacancies. 

§ 33. Process — Prosecutions — Population. 

§ 1. The judicial powers, except as in this article is 
otherwise provided, shall be vested in one Supreme 
Court, Circuit Courts, County Courts, Justices of the 
Peace, Police Magistrates, and in such courts as may be 
created by law in and for cities and incorporated towns. 

SUPREME COURT. 

§ 2. The Supreme Court shall consist of seven judges, 
and shall have original jurisdiction in cases relating to 
the revenue, in mandamus, said habeas corpus, and appel- 
late jurisdiction in all other cases. One of said judges 
shall be chief justice ; four shall constitute a quorum, 
and the concurrence of four shall be necessary to every 
decision. 

§ 3. No person shall be eligible to the office of 
judge of the Supreme Court unless he shall be at least 
thirty years of age, and a citizen of the United States, 
nor unless he shall have resided in this State five years 



THE CONSTITUTION OF ILLINOIS. 177 

next preceding Ms election, and be a resident of the 
district in which he shall be elected. 

§ 4. Terms of the Supreme Court shall continue to 
be held in the present grand divisions at the several 
places now provided for holding the same ; and until 
otherwise provided by law, one or more terms of said 
court shall be held, for the northern division, in the 
city of Chicago, each year, at such times as said court 
may appoint, whenever said city or the county of Cook 
shall provide appropriate rooms therefor, and the use 
of a suitable library, without expense to the State. The 
judicial divisions may be altered, increased, or dimin- 
ished in number, and the times and places of holding 
said court may be changed by law. 

§ 5. The present grand divisions shall be preserved, 
and be denominated Southern, Central, and Northern, 
until otherwise provided by law. The State shall be 
divided into seven districts for the election of judges, 
and until otherwise provided by law, they shall be as 
follows : — 

First District. — The counties of St. Clair, Clinton, 
Washington, Jefferson, Wayne, Edwards, Wabash, 
White, Hamilton, Franklin, Perry, Randolph, Monroe, 
Jackson, Williamson, Saline, Gallatin, Hardin, Pope, 
Union, Johnson. Alexander, Pulaski, and Massac. 

Second District. — The counties of Madison, Bond, 
Marion, Clay, Richland, Lawrence, Crawford, Jasper, 
Effingham, Fayette, Montgomery, Macoupin, Shelby, 
Cumberland, Clark, Greene, Jersey, Calhoun, and Chris- 
tian. 

TJiird District. — The counties of Sangamon, Macon, 
Logan, DeWitt, Piatt, Douglas, Champaign, Vermilion, 
McLean, Livingston, Ford, Iroquois, Coles, Edgar, 
Moultrie, and Tazewell. 

8* li 



178 THE CONSTITUTION OF ILLINOIS. 

I^ourth District. — The comities of Fulton, McDon- 
ough, Hancock, Schuyler, Brown, Adams, Pike, Mason, 
Menard, Morgan, Cass, and Scott. 

Fifth District. — The counties of Knox, Warren, Hen- 
derson, Mercer, Henry, Stark, Peoria, Marshall, Put- 
nam, Bureau, La Salle, Grundy, and Woodford. 

/Sixth District. — The counties of Whiteside, Carroll, 
Jo Daviess, Stephenson, Winnebago, Boone, McHenry, 
Kane, Kendall, De Kalb, Lee, Ogle, and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, 
Kankakee, and Du Page. 

The boundaries of the districts may be changed at 
the session of the General Assembly next preceding the 
election for judges therein, and at no other time ; but 
whenever such alterations shall be made, the same shall 
be upon the rule of equality of population, as nearly as 
county boundaries will allow, and the districts shall be 
composed of contiguous counties, in as nearly compact 
form as circumstances will permit. The alteration 
of the districts shall not affect the tenure of office of 
any judge. 

§ 6. At the time of voting on the adoption of this 
Constitution, one judge of the Supreme Court shall be 
elected by the electors thereof, in each of said districts 
numbered two, three, six, and seven, who shall hold his 
office for the term of nine years from the first Monday 
of June, in the year of our Lord 1870. The term of 
office of judges of the Supreme Court, elected after the 
adoption of this Constitution, shall be nine years ; and 
on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of 
this Constitution or of the judges then elected, shall 
expire, and every nine years thereafter, there shall be 



THE CONSTITUTION OF ILLINOIS. 179 

an election for the successor or successors of such 
judges, in the respective districts wherein tlie term of 
such judges shall expire. The chief justice shall con- 
tinue to act as such until the expiration of the term for 
which he was elected, after which the judges shall 
choose one of their number chief justice. 

§ 7. From and after the adoption of this Constitu- 
tion, the judges of the Supreme Court shall each receive a 
salary of four thousand dollars per annum, payable quar- 
terly, until otherwise provided by law. And after said 
salaries shall be fixed by law, the salaries of the judges 
in office shall not be increased or diminished during the 
terms for which said judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the 
Supreme Court, held in the grand division in which the 
case is decided, or, by consent of the parties, to any 
other grand division. 

§ 9. The Supreme Court shall appoint one reporter 
of its decisions, who shall hold his office for six years, 
subject to removal by the court. 

§ 10. At the time of the election for representatives 
in the General Assembly, happening next preceding the 
expiration of the terms of office of the present clerks 
of said court, one clerk of said court for each division 
shall be elected, whose term of office shall be six years 
from said election, but who shall not enter upon the 
duties of his office until the expiration of the term of 
his predecessor, and every six years thereafter, one 
clerk of said court for each division shall be elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord 1874 inferior appel- 
late courts, of uniform organization and jurisdiction, 



180 THE CONSTITUTION OF ILLINOIS. 

may be created in districts formed for that purpose, to 
wliicli such appeals and writs of error as the General 
Assembly may provide, may be prosecuted from circuit 
and other courts, and from which appeals and writs of 
error shall lie to the Supreme Court, in all criminal cases, 
and cases in which a franchise, or freehold, or the validity 
of a statute is involved, and in such other cases as may 
be provided by law. Such appellate courts shall be 
held by such number of judges of the circuit courts, 
and at such times and places, and in such manner, as 
may be provided by law ; but no judge shall sit in re- 
view upon cases decided by him ; nor shall said judges 
receive any additional compensation for such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdic- 
tion of all causes in law and equity, and such appellate 
jurisdiction as is or may be provided by law, and shall 
hold two or more terms each year in every county. 
The terms of office of judges of circuit courts shall be 
six years. 

§ 13. The State, exclusive of the county of Cook 
and other counties having a population of one hundred 
thousand, shall be divided into judicial circuits, prior 
to the expiration of the terms of office of the present 
judges of the Circuit Courts. Such circuits shall be 
formed of contiguous counties, in as nearly compact form 
and as nearly equal as circumstances will permit, having 
due regard to business, territory, and population, and 
shall not exceed in number one circuit for every one 
hundred thousand of population in the State. One 
judge shall be elected for each of said circuits by the 
electors thereof. New circuits may be formed and the 



THE CONSTITUTION OF ILLINOIS. 181 

boundaries of circuits changed by the General Assem- 
bly, at its session next preceding the election for circuit 
judges, but at no other time : Provided, that the cir- 
cuits may be equalized or changed at the first session 
of the General Assembly after the adoption of this Con- 
stitution. The creation, alteration, or change of any 
circuit shall not effect the tenure of office of any judge. 
Whenever the business of the Circuit Court of any one, 
or of two or more contiguous counties, containing a 
population exceeding fifty thousand, shall occupy nine 
months of the year, the General Assembly may make 
of such county, or counties, a separate circuit. When- 
ever additional circuits are created, the foregoing limita- 
tions shall be observed. 

§ 14. The General Assembly shall provide for the 
times of holding court in each county ; which shall not 
be changed, except by the General Assembly next pre- 
ceding the general election for judges of said courts ; 
but additional terms may be provided for in any county. 
The election for judges of the Circuit Courts shall be 
held on the first Monday in June, in the year of our 
Lord 1873, and every six years thereafter. 

§ 15. The General Assembly may divide the State 
into judicial circuits of greater population and territory, 
in lieu of the circuits provided for in § 13 of this arti- 
cle, and provide for the election therein, severally, by 
the electors thereof, by general ticket, of not exceeding 
four judges, wdio shall hold the Circuit Courts in the 
circuit for which they shall be elected, in such manner 
as may be provided by law. 

§ 16. From and after the adoption of this Constitu- 
tion, judges of the circuit courts shall receive a salary 
of three thousand dollars per annum, payable quar- 



182 THE CONSTITUTION OF ILLINOIS. 

terlj, until otherwise provided by law. And after their 
salaries shall be fixed by law, they shall not be increased 
or diminished during the terms for which said judges 
shall be, respectively, elected ; and from and after the 
adoption of this Constitution, no judge of the Supreme 
or Circuit Court shall receive any other compensation, 
perquisite, or benefit, in any form whatsoever, nor per- 
form any other than judicial duties to which may be- 
long any emoluments. 

§ 17. No person shall be eligible to the office of 
judge of the Circuit or any inferior court, or to mem- 
bership in the " Board of County Commissioners," un- 
less he shall be at least twenty-five years of age, and a 
citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his elec- 
tion, and be a resident of the circuit, county, city, cities, 
or incorporated town in which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, 
one county judge and one clerk of the County Court, 
whose terms of office shall be four years. But the 
General Assembly may create districts of two or more 
contiguous counties, in each of which shall be elected 
one judge, who shall take the place of, and exercise the 
powers and jurisdiction of county judges in such dis- 
tricts. County courts shall be courts of record, and 
shall have original jurisdiction in all matters of pro- 
bate ; settlement of estates of deceased persons ; ap- 
pointment of guardians and conservators, and settle- 
ments of their accounts ; in all matters relating to 
apprentices ; and in proceedings for the collection of 
taxes and assessments, and such other jurisdiction as 
may be provided for by general law. 



THE CONSTITUTION OF ILLINOIS. 183 

§ 19. Appeals and writs of error shall be allowed 
from final determinations of County Comets, as may be 
provided by law. 

PROBATE COURTS. 

§ 20. The General Assembly may provide for the 
establishment of a probate court in each county having 
a population of over fifty thousand, and for the election 
of a judge thereof, whose term of office shall be the 
same as that of the county judge, and who shall be 
elected at the same time and in the same manner. Said 
courts, when established, shall have original jurisdic- 
tion of all probate matters, the settlement of estates of 
deceased persons, the appointment of guardians and 
conservators, and settlements of their accounts ; in all 
matters relating to apprentices, and in cases of the sales 
of real estate of deceased persons for the payment of 
debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and 
constables shall be elected in and for such districts as 
are, or may be, provided by law, and the jurisdiction of 
such justices of the peace and police magistrates shall 
be uniform. 

state's ATTORNEYS. 

§ 22. At the election for members of the General 
Assembly in the year of our Lord 1872, and every four 
years thereafter, there shall be elected a State's attor- 
ney in and for each county, in lieu of the State's attor- 
neys now provided by law, whose term of office shall 
be four years. 



184 THE CONSTITUTION OF ILLINOIS. 



COUETS OF COOK COUNTY. 



23. 



The coiuity of Cook shall be one judicial cir- 
cuit. The Circuit Court of Cook Comity shall consist 
of five judges, until their number shall be increased, as 
herein provided. The present judge of the recorder's 
court of the city of Chicago, and the present judge of 
the Circuit Court of Cook County, shall be two of said 
judges, and shall remain in office for the terms for 
which they were respectively elected, and until their 
successors shall be elected and qualified. The Superior 
Court of Chicago shall be continued, and called the 
Superior Court of Cook County. The General Assembly 
may increase the number of said judges, by adding one 
to either of said courts for every additional fifty thou- 
sand inhabitants in said county, over and above a popu- 
lation of four. hundred thousand. The terms of office of 
the judges of said courts hereafter elected shall be six 
years. 

§ 24. The judge having the shortest unexpired term 
shall be chief justice of the court of which he is a judge. 
In case there are two or more whose terms expire at the 
same time, it may be determined by lot which shall be 
chief justice. Any judge of either of said courts shall 
have all the powers of a circuit judge, and may hold 
the court of which he is a member. Each of them may 
hold a different branch thereof at the same time. 

§ 25. The judges of the Superior and Circuit Courts, 
and the State's attorney, in said county, shall receive 
the same salaries, payable out of the State treasury, as 
is or may be paid from said treasury to the circuit 
judges and State's attorneys of the State, and such fur- 
ther compensation, to be paid by the county of Cook, as 



THE CONSTITUTION OF ILLINOIS. 185 

is or may be provided by law ; such compensation shall 
not be changed during their continuance in office. 

§ 26. The recorder's court of the city of Chicago 
shall be continued, and shall be called the " Criminal 
Court of Cook County." It shall have the jurisdiction 
of a Circuit Court, in all cases of criminal and quad 
criminal nature, arising in the comity of Cook, or that 
may be brought before said court pursuant to law ; and 
all recognizances and appeals taken in said county, in 
criminal and quasi criminal cases, shall be returnable 
and taken to said court. It shall have no jurisdiction 
in civil cases, except in those on behalf of the people, 
and incident to such criminal or quasi criminal matters, 
and to dispose of unfinished business. The terms of 
said Criminal Court of Cook County shall be held by one 
or more of the judges of the Circuit or Superior Court 
of Cook County, as nearly as may be in alternation, as 
may be determined by said judges, or provided by law. 
Said judges shall be, ex officio^ judges of said court. 

§ 27. The present clerk of the recorder's court of 
the city of Chicago, shall be the clerk of the Criminal 
Court of Cook County, during the term for which he was 
elected. The present clerks of the Superior Court of 
Chicago, and the present clerk of the Circuit Court 
of Cook Comity, shall continue in office during the terms 
for which they were respectively elected ; and there- 
after there shall be but one clerk of the Superior Court, 
to be elected by the qualified electors of said county, 
who shall hold his office for the term of four years, and 
until his successor is elected and qualified. 

§ 28. All justices of the peace in the city of Chicago 
shall be appointed by the Governor, by and with the 
advice and consent of the Senate, (but only upon the 



186 THE CONSTITUTION OF ILLINOIS. 

recommendation of a majority of the judges of the Cir- 
cuit, Superior, and County Courts,) and for such districts 
as are now or shall hereafter be provided by law. They 
shall hold their othces for four years, and until their 
successors have been commissioned and qualilied, but 
they may be removed by summary proceeding in the 
Circuit or Superior Court, for extortion or other malfeas- 
ance. Existing justices of the peace and police magis- 
trates may hold their oihces until the expiration of tlieir 
respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by 
the Governor. All laws relating to courts shall be gen- 
eral, and of uniform operation; and the organization, 
jurisdiction, powers, proceedings, and practice of all 
courts, of the same class or grade, so far as regulated 
by law, and the force and effect of the process, judg- 
ments, and decrees of such courts, severally, shall be 
uniform. 

§ 30. The General Assembly may, for cause entered 
on the journals, upon due notice and opportunity of de- 
fence, remove from office any judge, upon concurrence 
of three-fourths of all the members elected, of each 
house. All other officers in this article mentioned, shall 
be removed from office on prosecution and final convic- 
tion, for misdemeanor in office. 

§ 31. All judges of courts of record, inferior to the 
Supreme Court, sliall, on or before the first day of June, 
of each year, report in writing to the judges of the Su- 
preme Court, such defects and omissions in the laws as 
their experience may suggest ; and the judges of the 
Supreme Court shall, on or before the first day of Jan- 



THE CONSTITUTION OF ILLINOIS. 187 

uarj, of each year, report in writing to the Governor 
such defects and omissions in the constitution and laws 
as they may find to exist, together with appropriate 
forms of bills to cure such defects and omissions in 
the laws. And the judges of the several Circuit Courts 
shall report to the next General Assembly the number 
of days they have held court, in the several counties 
composing their respective circuits, the preceding two 
years. 

§ 32. All officers provided for in this article shall 
hold their offices until their successors shall be qualified, 
and they shall, respectively, reside in the division, cir- 
cuit, county, or district for which they may be elected 
or appointed. The terms of office of all such officers, 
where not otherwise prescribed in this article, shall be 
four years. All officers, where not otherwise provided 
for in this article, shall perform such duties and receive 
such compensation as is, or may be, pro^dded by law. 
Vacancies in such elective offices shall be filled by elec- 
tion ; but where the unexpired term does not exceed 
one year, the vacancy shall be filled by appointment, as 
follows : Of judges, by the Governor ; of clerks of 
courts, by the court to which the office appertains, or by 
the judge or judges thereof ; and of all such other offices, 
Vjy the board of supervisors, or board of county com- 
missioners, in the county where the vacancy occurs. 

§ 33. All process shall run : In the name of the People 
of the State of Illinois ; and all prosecutions shall be 
carried on : In the name and hy the authority of the Peo- 
ple of the State of Illinois ; and conclude : Against the 
peace and dignity of the same. " Population," wherever 
used in this article, shall be determined by the next 
preceding census of this State, or of the United States. 



188 THE CO^^STITUTION OF ILLINOIS. 



ARTICLE VII. 

SUFFEAGE. 

§ 1. W7io are Entitled to Vote. 

§ 2. All Voting to he hy Ballot. 

§ 3. Privileges of Electors. 

§ 4. Absence on Public Business. 

§ 5. Soldier not deemed a Resident, 

§ 6. Qualifications for Office. 

§ 7. Persons Convicted of Crime. 

§ 1. Every person having resided in this State one 
year, in the county ninety days, and in the election 
district thirty days next preceding any election therein, 
who was an elector in this State on the first day of 
April, in the year of our Lord 1848, or obtained a cer- 
tificate of naturalization, before any court of record in 
this State, prior to the first day of January, in the year 
of our Lord 1870, or who shall be a male citizen of the 
United States, above the age of twenty-one years, shall 
be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, fel- 
ony, or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to 
and returning from the same. And no elector shall be 
obliged to do military duty on the days of election, ex- 
cept in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his 
residence in this State by reason of his absence on the 
business of the United States, or of this State, or in 
the military or naval service of the United States. 

§ 5. No soldier, seaman, or marine in the army or 



THE CONSTITUTION OF ILLINOIS. 189 

navy of the United States, shall be deemed a resident of 
this State in consequence of being stationed therein. 

§ 6. No person shall be elected or appointed to 
any office in this State, civil or military, who is not a 
citizen of the United States, and who shall not have 
resided in this State one year next preceding the elec- 
tion or appointment. 

§ 7. The General Assembly shall pass laws exclud- 
ing from the right of suffrage persons convicted of in- 
famous crimes. 



ARTICLE VIII. 

EDUCATION. 

§ 1. Free Schools established. 

§ 2. Gifts or Grants in aid of Schools. 

§ 3. Public Schools not to be Sectarian. 

§ 4. School Officers not Interested. 

§ 5. Counts/ Superintendent of Schools. 

§ 1. The General Assembly shall provide a thorough 
and efficient system of free schools, whereby all children 
of this State may receive a good common-school educa- 
tion. 

§ 2. All lands, moneys, or other property, donated, 
granted, or received for school, college, seminary, or 
university purposes, and the proceeds thereof, shall be 
faithfully applied to the objects for which such gifts or 
grants were made. 

§ 3. Neither the General Assembly, nor any county, 
city, town, township, school district, or other public 
corporation, shall ever make any appropriation or pay 
from any public fund whatever, anything in aid of any 



190 THE CONSTITUTION OF ILLINOIS. 

cliurch or sectarian purpose, or to help support or 
sustain any school, academy, seminary, college, univer- 
sity, or other literary or scientific institution, controlled 
by any church or sectarian denomination whatever ; 
nor shall any grant or donation of land, money, or 
other personal property, ever be made by the State, or 
any such public corporation, to any church, or for any 
sectarian purpose. 

§ 4. No teacher, State, county, township, or district- 
school officer shall be interested in the sale, proceeds, 
or profits of any book, apparatus, or furniture used, or 
to be used, in any school in this State, with which such 
officer or teacher may be connected, under such penal- 
ties as may be provided by the General Assembly. 

§ 5. There may be a county superintendent of 
schools in each county, whose qualifications, powers, 
duties, compensation, and time and manner of election, 
and term of office, shall be prescribed by law. 

ARTICLE IX. 

REVENUE. 

§ 1. Principles of Taxation Stated. 

§ 2. Other and further Taxation. 

§ 3. Property Exempt from Taxation. 

§ 4. Sale of Real Property for Taxes. 

§ 5. Right of Redemption therefrom. 

§ 6. Release from Taxation Forbidden. 

§ 7. Taxes paid into State Treasury. 

§ 8. Limitation on County Taxes. 

§ 9. Local Municipal Lmprovements. 

§ 10. Taxation of Municipal Corporations. 

§ 11. Defaulter not to he JEligihle. 

§ 12. Limitation on Municipal Lndebtedness. 



THE CONSTITUTION OF ILLINOIS. 191 

§ 1. The General Assembly shall provide such rev- 
enue as may be needful, by levying a tax, by valuation, 
so that every person and corporation shall pay a tax in 
proportion to the value of his, her, or its property — 
such value to be ascertained by some person or persons, 
to be elected or appointed in such manner as the Gen- 
eral Assembly shall direct, and not otherwise ; but the 
General Assembly shall have power to tax pedlers, auc- 
tioneers, brokers, hawkers, merchants, commission-mer- 
chants, showmen, jugglers, innkeepers, grocery-keepers, 
liquor-dealers, toll-bridges, ferries, insurance, telegraph, 
and express interests or business, venders of patents, 
and persons or corporations owning or using franchises 
and privileges, in such manner as it shall, from time to 
time, direct by general law, uniform as to the class upon 
which it operates. 

§ 2. The specification of the objects and subjects of 
taxation shall not deprive the General Assembly of the 
power to require other subjects or objects to be taxed, 
in such manner as may be consistent with the principles 
of taxation fixed in this Constitution. 

§ 3. The property of the State, counties, and other 
municipal corporations, both real and personal, and such 
other property as may be used exclusively for agricul- 
tural and horticultural societies, for school, religious, 
cemetery, and charitable purposes, may be exempted 
from taxation ; but such exemption shall be only by 
genei^l law. In the assessment of real estate encum- 
bered by public easement, any depreciation occasioned 
by such easement may be deducted in the valuation of 
such property. 

§ 4. The General Assembly shall provide, in all 
cases where it may be necessary to sell real estate for 



192 THE CONSTITUTION OF ILLINOIS. 

the non-payment of taxes or special assessments, for 
State, comity, mmiicipal, or other pmposes, that a re- 
tm^n of such unpaid taxes or assessments shall be made 
to some general officer of the county, having authority 
to receive State and county taxes ; and there shall be no 
sale of said property for any of said taxes or assess- 
ments but by said officer, upon the order or judgment of 
some court of record. 

§ 5. The right of redemption from all sales of real 
estate, for the non-payment of taxes or special assess- 
ments of any character whatever, shall exist in favor 
of owners and persons interested in such real estate, for 
a period of not less than two years from such sales there- 
of. And the General Assembly shall provide, by law, 
for reasonable notice to be given to the owners or par- 
ties interested, by publication, or otherwise, of the fact 
of the sale of the property for such taxes or assess- 
ments, and when the time of redemption shall expire : 
Provided, that occupants shall in all cases be served 
with personal notice before the time of redemption ex- 
pires. 

§ 6. The General Assembly shall have no power to 
release or discharge any county, city, township, town, or 
district whatever, or the inhabitants thereof, or the pro- 
perty therein, from their, or its, proportionate share of 
taxes to be levied for State purposes, nor shall commuta- 
tion for such taxes be authorized in any form whatsoever. 

§ 7. All taxes levied for State purposes shall be paid 
into the State treasury. 

§ 8. County authorities shall never assess taxes, the 
aggregate of which shall exceed seventy-five cents per 
one hundred dollars valuation, except for the payment 
of mdebtedness existing at the adoption of this Consti- 



THE CONSTITUTION OF ILLINOIS. 193 

tution, unless authorized by a vote of the people of the 
county. 

§ 9. The General Assembly may vest the corporate 
authorities of cities, towns, and villages, with power to 
make local improvements by special assessment or by 
special taxation of contiguous property, or otherwise. 
For all other corporate purposes, all municipal corpora- 
tions may be vested with authority to assess and collect 
taxes ; but such taxes shall be uniform in respect to 
persons and property, within the jurisdiction of the 
body imposing the same. 

§ 10. The General Assembly shall not impose taxes 
upon municipal corporations, or the inhabitants or pro- 
perty thereof, for corporate purposes, but shall require 
that all the taxable property within the limits of mu- 
nicipal corporations shall be taxed for the payment of 
debts contracted uiMer authority of law, such taxes to 
be uniform in respect to persons and property within 
the jurisdiction of the body imposing the same. Pri- 
vate property shall not be liable to be taken or sold for 
the payment of the corporate debts of a municipal cor- 
poration. 

§ 11. No person who is in default, as collector or 
custodian of money or property belonging to a muni- 
cipal corporation shall be eligible to any of&ce in or 
under such corporation. The fees, salary, or compensa- 
tion of no municipal officer who is elected or appointed 
for a definite term of office, shall be increased or dimin- 
ished during such term. 

§ 12. No county, city, township, school district, or 
other municipal corporation, shall be allowed to become 
indebted in any manner or for any purpose, to an 
amount, including existing indebtedness, in the aggre- 

9 M 



194 THE CONSTITUTION OF ILLINOIS. 

gate exceeding five per centum on the value of the 
taxable property therein, to be ascertained by the last 
assessment for State and county taxes, previous to the 
incurring of such indebtedness. Any county, city, school 
district, or other municipal corporation, incurring any 
indebtedness as aforesaid, shall before, or at the time 
of doing so, provide for the collection of a direct annual 
tax sufficient to pay the interest on such debt, as it falls 
due, and also to pay and discharge the principal thereof 
within twenty years from the time of contracting the 
same. This section shall not be construed to prevent 
any county, city, township, school district, or other 
municipal corporation, from issuing their bonds in com- 
pliance with any vote of the people which may have 
been had prior to the adoption of this Constitution in 
pursuance of any law providing therefor. 

ARTICLE X. 

COUNTIES. 

§ 1. Formation of Neio Counties. 

§ 2. Division of any County. 

§ 3. Territory stricken from a County. 

§ 4. Removal of a County- Seat. 

§ 5. Methods of County G-overnment. 

§ 6. Board of County Commissioners. 

§ T. County Affairs in Cook County. 

§ 8. County Officers — Terms of Office. 

§ 9. Salaries and Fees in Cook County. 

§ 10. Salaries fixed by County Board. 

§ 11. Township Officers — Special Laws. 

§ 12. All future Fees Uniform. 

§ 13. Sworn Report of all Fees. 



THE CONSTITUTION OF ILLINOIS. 195 

§ 1. No new county shall be formed or established 
by the General Assembly, which will reduce the county 
or counties, or either of them, from which it shall be 
taken, to less contents than four hundred square miles ; 
nor shall any county be formed of less contents ; nor 
shall any line thereof pass within less than ten miles of 
any county-seat of the county or counties proposed to 
be divided. 

§ 2. No county shall be divided, or have any part 
stricken therefrom, without submitting the question to 
a vote of the people of the county, nor unless a majority 
of all the legal voters of the county, voting on the ques- 
tion, shall vote for the same. 

§ 3. There shall be no territory stricken from any 
county, unless a majority of the voters living in such 
territory shall petition for such division ; and no terri- 
tory shall be added to any county without the consent 
of the majority of the voters of the county to which it 
is proposed to be added. Bat the portion so stricken 
off and added to another county, or formed in whole or 
in part into a new county, shall be holden for, and obliged 
to pay its proportion of the indebtedness of the county 
from which it has been taken. 

COUNTY-SEATS. 

§ 4. No county-seat shall be removed until the point 
to which it is proposed to be removed shall be fixed in 
pursuance of law, and three fifths of the voters of the 
county, to be ascertained in such manner as shall be 
provided by general law, shall have voted in favor of its 
removal to such point ; and no person shall vote on 
such question who has not resided in the county six 
months, and in the election precinct ninety days next 



196 THE CONSTITUTION OF ILLINOIS. 

preceding such election. The question of the removal 
of a county-seat shall not be oftener submitted than 
once in ten years, to a vote of the people. But when 
an attempt is made to remove a county-seat to a point 
nearer to the centre of a county, then a majority vote 
only shall be necessary. 

COUNTY GOVERNMENT. 

§ 5. The General Assembly shall provide, by gen- 
eral law, for township organization, under which any 
county may organize whenever a majority of the legal 
voters of such county, voting at any general election, 
shall so determine, and whenever any county shall 
adopt township organization, so much of this Constitu- 
tion as provides for the management of the fiscal con- 
cerns of the said county by the board of county com- 
missioners, may be dispensed with, and the affairs of 
said county may be transacted in such manner as the 
General Assembly may provide. And in any county 
that shall have adopted a township organization, the ques- 
tion of continuing the same may be submitted to a vote 
of the electors of such county, at a general election, in 
the manner that now is or may be provided by law ; and 
if a majority of all the votes cast upon that question shall 
be against township organization, then such organiza- 
tion shall cease in said county ; and all laws in force in 
relation to counties not having township organization 
shall immediately take effect and be in force in such 
county. No two townships shall have the same name, 
and the day of holding the annual township meeting 
shall be uniform throughout the State. 

§ 6. At the first election of county judges under 
this Constitution, there shall be elected in each of the 



THE CONSTITUTION OF ILLINOIS. 197 

counties in this State, not under township organization, 
three officers, who shall be styled " The Board of 
County Commissioners," who shall hold sessions for 
the transaction of county business as shall be provided 
by law. One of said commissioners shall hold his 
office for one year, one for two years, and one for three 
years, to be determined by lot ; and every year there- 
after one such officer shall be elected in each of said 
counties for the term of three years. 

§ 7. The county affairs of Cook County shall be 
managed by a board of commissioners of fifteen per- 
sons, ten of whom shall be elected from the city of 
Chicago, and five from towns outside of said city, in 
such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

§ 8. In each county there shall be elected the follow- 
ing county officers : County judge, sheriff, county clerk, 
clerk of the Circuit Court (who may be ex officio re- 
corder of deeds, except in counties having sixty thou- 
sand and more inhabitants, in which counties a recorder 
of deeds shall be elected at the general election, in the 
year of our Lord 1872), treasurer, surveyor, and coroner, 
each of whom shall enter upon the duties of his office, 
respectively, on the first Monday of December after 
their election ; and they shall hold their respective 
offices for the term of four years, except the treasurer, 
sheriff, and coroner, who shall hold their offices for 
two years, and until their successors shall be elected 
and qualified. 

§ 9. The clerks of all the courts of record, the 
treasurer, sheriff, coroner, and recorder of deeds of Cook 
County, shall receive, as their only compensation for 



/ 



198 THE CONSTITUTION OF ILLINOIS. 

their services, salaries to be fixed by law, wliicli shall 
in no case be as much as the lawful compensation of a 
judge of the Circuit Court of said county, and shall be 
paid, respectively, only out of the fees of the office 
actually collected. All fees, perquisites, and emolu- 
ments (above the amount of said salaries) shall be 
paid into the county treasury. The number of the 
deputies and assistants of such officers shall be deter- 
mined by rule of the Circuit Court, to be entered of 
record, and their compensation sliall be determined by 
the county board. 

§ 10. The county board, except as provided in § 9 
of this article, shall fix the compensation of all county 
offices, with the amount of their necessary clerk hire, 
stationery, fuel, and other expenses, and in all cases 
where fees are provided for, said compensation shall be 
paid only out of, and shall in no instance exceed, the 
fees actually collected ; they shall not allow either of 
them more per annum tlian $1,500, in counties not 
exceeding 20,000 inhabitants ; $ 2,000 in counties con- 
taining 20,000 and not exceeding 30,000 inhabitants; 
$ 2,500 in counties containing 30,000 and not exceeding 
50,000 inhabitants ; $ 3,000 in counties containing 50,000 
and not exceeding 70,000 inhabitants ; $3,500 in coun- 
ties containing 70,000 and not exceeding 100,000 inhab- 
itants ; and $ 4,000 in counties containing over 100,000 
and not exceeding 250,000 inhabitants ; and not more 
than $ 1,000 additional compensation for each additional 
100,000 inhabitants : Provided, that the compensation 
of no officer shall be increased or diminished during 
his term of office. All fees or allowances by them re- 
ceived, in excess of their said compensation, shall be 
paid into the county treasury. 



THE CONSTITUTION OF ILLINOIS. 199 

§ 11. The fees of township officers, and of each class 
of county officers, shall be uniform in the class of coun- 
ties to which they respectively belong. The compensa- 
tion herein provided for shall apply only to officers here- 
after elected, but all fees established by special laws 
shall cease at the adoption of this Constitution, and 
such officers shall receive only such fees as are pro- 
vided by general law. 

§ 12. All laws fixing the fees of State, county, and 
township officers shall terminate with the terms, respec- 
tively, of those who may be in office at the meeting of 
the first General Assembly after the adoption of this 
Constitution ; and the General Assembly shall, by gen- 
eral law, uniform in its operation, provide for and regu- 
late the fees of said officers and their successors, so as 
to reduce the same to a reasonable compensation for 
services actually rendered. But the General Assembly 
may, by general law, classify the counties by population 
into not more than three classes, and regulate the fees 
according to class. This article shall not be construed 
as depriving the General Assembly of the power to re- 
duce the fees of existing officers. 

§ 13. Every person who is elected or appointed to 
any office in this State, who shall be paid in whole or in 
part by fees, shall be required by law to make a semi- 
annual report, under oath, to some officer to be desig- 
nated by law, of all his fees and emoluments. 

ARTICLE XI. 

COEPORATIONS. 

§ 1. Established only hy General Laws. 
§ 2. Existing Charters — How forfeited. 



200 THE CONSTITUTION OF ILLINOIS. 

§ 3. Mectiori of Director's or Blanagers, 

§ 4. Construction of Street Iiailroads. 

§ 5. jState Bank forhidden — General Laiv. 

§ 6. Lialnlity of Bank StocMwldei'. 

§ 7. Suspension of Specie Payment. 

§ 8. Of a Greneral Banking Law, 

§ 9. Railroad Office — Books and Records, 

§ 10. Personal Property of Railroads. 

§ 11. Consolidations forbidden. 

§ 12. Railroads deemed Higliivays — Rates fixed. 

§ 13. Stock, Bonds, and Dividends. 

§ 14. Poiver ov^r existing Companies. 

§ 15. Freight and Passenger Tariffs regidated. 

§ 1. No corporation shall be created by special laws, 
or its charter extended, changed, or amended, except 
those for charitable, educational, penal, or reformatory 
purposes, which are to be and remain under the patron- 
age and control of the State ; but the General Assembly 
shall provide, by general laws, for the organization of all 
corporations hereafter to be created. 

§ 2. All existing charters or grants of special or ex- 
clusive privileges, under which organization shall not 
have taken place, or which shall not have been in oper- 
ation within ten days from the time this Constitution 
takes effect, shall thereafter have no validity or effect 
whatever. 

§ 3. The General Assembly shall provide, by law, 
that in all elections for directors or managers of incor- 
porated companies, every stockholder shall liave the 
right to vote, in person or by proxy, for the number of 
shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to 



- THE CONSTITUTION OF ILLINOIS. 201 

cumulate said shares, and give one candidate as niany 
votes as the number of directors multiplied by the num- 
ber of his shares of stock shall equal, or to distribute 
them on the same principle among as many candidates 
as he shall think fit ; and such directors or managers 
sliall not be elected in any other manner. 

§ 4. No law shall be passed by the General Assem- 
bly, granting the right to construct and operate a street 
railroad within any city, town, or incorporated village, 
without requiring the consent of the local authorities 
having the control of the street or highway proposed to 
be occupied by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor 
shall the State own or be liable for any stock in any 
corporation or joint stock company or association for 
banking purposes, now created, or to be hereafter cre- 
ated. No act of the General Assembly authorizing or 
creating corporations or associations, with banking 
powers, whether of issue, deposit, or discount, nor 
amendments thereto, shall go into effect or in any 
manner be in force, unless the same shall be sub- 
mitted to a vote of the people at the general election 
next succeeding the passage of the same, and be ap- 
proved by a majority of all the votes cast at such 
election for or against such law. 

§ 6. Every stockliolder in a banking corporation or 
institution shall be individually responsible and liable 
to its creditors, over and aljove the amount of stock by 
him or her held, to an amount equal to his or her re- 
spective shares so held, for all its liabilities accruing 
while he or she remains such stockholder. 

9* 



202 THE CONSTITUTION OF ILLINOIS. 

§ 7. The suspension of specie payments by banking 
institutions, on their circulation, created by the laws 
of this State, shall never be permitted or sanctioned. 
Every banking association now, or which may hereafter 
be, organized under the laws of this State, shall make 
and publish a full and accurate quarterly statement of 
its affairs, (which shall be certified to, under oath, by 
one or more of its officers), as may be provided by 
law. 

§ 8. If a general banking law shall be enacted, it 
shall provide for the registry and countersigning, by an 
officer of State, of all bills or paper credit, designed to 
circulate as money, and require security, to the full 
amount thereof, to be deposited with the State Treas- 
urer, in United States or Illinois State stocks, to be 
rated at ten per cent below their par value ; and in 
case of a depreciation of said stocks to the amount 
of ten per cent below par, the bank or banks owning 
said stocks shall be required to make up said deficiency 
by depositing additional stocks. And said law shall 
also provide for the recording of the names of all stock- 
holders in such corporations, the amount of stock held 
by each, the time of any transfer thereof, and to whom 
such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing 
business in this State, imder the laws or authority there- 
of, shall have and maintain a public office or place in 
this State for the transaction of its business, where 
transfers of stock shall be made, and in which shall be 
kept, for public inspection, books, in which shall be 
recorded the amount of capital stock subscribed, and by 



THE CONSTITUTION OF ILLINOIS. 203 

whom ; the names of the owners of its stock, and the 
amomits owned by them respectively ; the amount of 
stock paid in and by whom ; the transfers of said stock ; 
the amount of its assets and liabilities, and the names 
and place of residence of its officers. The directors 
of every railroad corporation shall, annually, make a 
report, under oath, to the Auditor of Public Accounts, 
or some officer to be designated by law, of all their acts 
and doings, which report shall include such matters re- 
lating to railroads as may be prescribed by law. And 
the General Assembly shall pass laws enforcing by suit- 
able penalties the provisions of this section. 

§ 10. The rolling stock, and all other movable prop- 
erty belonging to any railroad company or corporation in 
this State shall be considered personal property, and 
shall be liable to execution and sale in the same manner 
as the personal property of individuals, and the General 
Assembly shall pass no law exempting any such property 
from execution and sale. 

§ 11. No railroad corporation shall consolidate its 
stock, property, or franchises with any other railroad 
corporation owning a parallel or competing line ; and in 
no case shall any consolidation take place except upon 
public notice given, of at least sixty days, to all stock- 
holders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, 
now incorporated or hereafter to be incorporated by the 
laws of this State, shall be citizens and residents of 
this State. 

§ 12. Railways heretofore constructed, or that may 
hereafter be constructed, in this State are hereby de- 
clared public highways, and shall be free to all persons, 
for the transportation of their persons and property 



204 THE CONSTITUTION OF ILLINOIS. 

thereon, under such regulations as may be prescribed by 
law. And the General Assembly shall, from time to 
time, pass laws establishing reasonable maximum rates 
of charges for the transportation of passengers and 
freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock 
of bonds, except for money, labor, or property actually 
received, and applied to the purposes for which such 
corporation was created ; and all stock dividends, and 
other fictitious increase of the capital stock or indebt- 
edness of any such corporation, shall be void. The 
capital stock of no railroad corporation shall be in- 
creased for any purpose, except upon giving sixty days' 
public notice, in such manner as may be provided by 
law. 

§ 14. Tlie exercise of the power, and the right of 
eminent domain shall never be so construed or 
abridged as to prevent the taking, by the General As- 
sembly, of the property and franchises of incorporated 
companies already organized, and subjecting them to 
the public necessity the same as of individuals. The 
right of trial by jury shall be held inviolate in all trials 
of claims for compensation, when, in the exercise of 
the said right of eminent domain, any incorporated 
company shall be interested either for or against the 
exercise of said right. 

§ 15. The General Assembly shall pass laws to cor- 
rect abuses and prevent unjust discrimination and 
extortion in the rates of freight and passenger tariffs 
on the different railroads in this State, and enforce such 
laws, by adequate penalties, to the extent, if necessary 
for that purpose, of forfeiture of their property and 
franchises. 



THE CONSTITUTION OF ILLINOIS. 205 

ARTICLE XII. 
MILITIA. 

§ 1. Persons composing the Militia, 

§ 2. Organization — Equipment — Discipline, 

§ 3. Commissions of Officers. . 

§ 4. Privilege from Arrest, 

§ 5. Record's^ Banners^ and Relics, 

§ 6. Exemptions from Militia Duty. 

§ 1. The militia of the State of Illinois shall consist 
of all able-bodied male persons, resident in the State, 
between the ages of eighteen and forty-five, except 
such persons as now are, or hereafter may be exempted 
by the laws of the United States, or of this State. 

§ 2. The General Assembly, in providing for the 
organization, equipment, and discipline of the militia, 
shall conform as nearly as practicable to the regula- 
tions for the government of the armies of the United 
States. 

§ 3. All militia officers shall be commissioned by 
the Governor, and may hold their commissions for such 
time as the General Assembly may provide. 

§ 4. The militia shall, in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest 
during their attendance at musters and elections, and 
in going to and returning from the same. 

§ 5. The military records, banners, and relics of the 
State shall be preserved as an enduring memorial of 
the patriotism and valor of Illinois, and it shall be the 
duty of the General Assembly to provide by law for the 
safe keeping of the same. 



206 THE CONSTITUTION OF ILLINOIS. 

§ 6. No person having conscientious scruples against 
bearing arms shall be compelled to do militia duty in 
time of peace : Provided^ such person shall pay an 
equivalent for such exemption. 

ARTICLE XIII. 

WAREHOUSES. 

§ 1. What deemed Public Wa7'e7iouses. 

§ 2. Sworn Weekly Statements required, 

§ 3. Examination of Property stored. 

§ 4. Carriers to deliver Full Weight. 

§ 5. Delivery of Grain hy Railroads. 

§ 6. Power and Duty of the Legislature. 

§ 7. Grain Lispection — Protection of Dealers, 

§ 1. All elevators or storehouses where grain or 
other property is stored for a compensation, whether 
the property stored be kept separate or not, are declared 
to be public warehouses. 

§ 2. The owner, lessee, or manager of each and 
every public warehouse situated in any town or city of 
not less than one hundred thousand inhabitants, shall 
make weekly statements under oath, before some officer 
to be designated by law, and keep the same posted in 
some conspicuous place in the office of such warehouse, 
and shall also file a copy for public examination in such 
place as shall be designated by law, which statement shall 
correctly set forth the amount and grade of each and every 
kind of grain in such warehouse, together with such other 
property as may be stored therein, and what warehouse 
receipts have been issued, and are, at the time of mak- 
ing such statement, outstanding therefor ; and shall, on 



THE CONSTITUTION OF ILLINOIS. 207 

the copy posted in the warehouse, note daily such 
changes as may be made in the quantity and grade of 
grain in such warehouse ; and the different grades of 
grain, shipped in separate lots, shall not be mixed with 
inferior or superior grades without the consent of the 
owner or consignee thereof. 

§ 3. The owners of property stored in any ware- 
house, or holder of a receipt for the same, shall always 
be at liberty to examine such property stored, and all 
the books and records of the warehouse in regard to 
such property. 

§ 4. All railroad companies and other common car- 
riers on railroads shall weigh or measure grain at points 
where it is shipped, and receipt for the full amount, and 
shall be responsible for the delivery of such amount to 
the owner or consignee thereof, at the place of desti- 
nation. 

§ 5. All railroad companies receiving and transport- 
ing grain in bulk or otherwise shall deliver the same 
to any consignee thereof, or any elevator or public ware- 
house to which it may be consigned, provided such 
consignee or the elevator or public warehouse can be 
reached by any track owned, leased, or used, or which 
can be used by such railroad companies ; and all rail- 
road companies shall permit connections to be made 
with their track, so that any such consignee, and any 
public warehouse, coal-bank, or coal-yard may be reached 
by the cars on said railroad. 

§ 6. It shall be the duty of the General Assembly to 
pass all necessary laws to prevent the issue of false and 
fraudulent warehouse receipts, and to give full effect to 
this article of the Constitution, which shall be liberally 
construed so as to protect producers and shippers. And 



208 THE CONSTITUTION OF ILLINOIS. 

the enumeration of the remedies herein named, shall 
not be construed to deny to the General Assembly the 
power to prescribe by law such other and further reme- 
dies as may be found expedient, or to deprive any per- 
son of existing common law remedies. 

§ 7. The General Assembly shall pass laws for the 
inspection of grain, for the protection of producers, 
shippers, and receivers of grain and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. By a Constitutional Convention. 
§ 2. Proposed by the Legislature, 

§ 1. Whenever two thirds of the members of each 
house of the General Assembly shall, by a vote entered 
upon the journals thereof, concur that a convention is 
necessary to revise, alter, or amend the Constitution, 
the question shall be submitted to the electors at the 
next general election. If a majority voting at the elec- 
tion vote for a Convention, the General Assembly shall, 
at the next session, provide for a Convention, to consist 
of double the number of members of the Senate, to be 
elected in the same manner, at the same places, and in 
the same districts. The General Assembly shall, in the 
act calling the Convention, designate the day, hour, and 
place of its meeting, fix the pay of its members and 
officers, and provide for the payment of the same, to- 
gether with the expenses necessarily incurred by the 
Convention in the performance of its duties. Before 
proceeding, the members shall take an oath to suj)port 
the Constitution of the United States, and of the State 



THE CONSTITUTION OF ILLINOIS. 209 

of Illinois, and to faithfully discharge their duties as 
members of the Convention. The qualification of 
members shall be the same as that of members of the 
Senate, and vacancies occurring shall be filled in the 
manner provided for filling vacancies in the General 
Assembly. Said Convention shall meet within three 
months after such election, and prepare such revision, 
alteration, or amendments of the Constitution as shall 
be deemed necessary, which shall be submitted to the 
electors for their ratification or rejection, at an election 
appointed by the Convention for that purpose, not less 
than two nor more than six months after the adjourn- 
ment thereof; and unless so submitted and approved, by 
a majority of the electors voting at the election, no such 
revision, alterations, or amendments shall take effect. 

§ 2. Amendments to this Constitution may be pro- 
posed in either house of the General Assembly, and if 
the same shall be voted for by two thirds of all the 
members elected to each of the two houses, such pro- 
posed amendments, together with the yeas and nays of 
each house thereon, shall be entered in full on their 
respective journals, and said amendments shall be 
submitted to the electors of this State for adoption 
or rejection, at the next election of members of the 
General Assembly, in such manner as may be prescribed 
by law. The proposed amendments shall be published 
in full at least three months preceding the election, 
and if a majority of the electors voting at said election 
shall vote for the proposed amendments, they shall be- 
come a part of this Constitution. But the General As- 
sembly shall have no power to propose amendments to 
more than one article of this Constitution at the same 
session, nor to the same article oftener than once in 
four years. 



210 THE CONSTITUTION OF ILLINOIS. 

SEPAEATE SECTIONS. 

Illinois Central Railroad. 

Municipal SuhscriiJtions to Corporations. 

Illinois and 3Iichigan Canal. 

ILLINOIS CENTRAL RAILROAD. 

No contract, obligation, or liability whatever, of the 
Illinois Central Railroad Company, to pay any money 
into the State treasury, nor any lien of the State upon, 
or right to tax property of said company, in accordance 
with the provisions of the charter of said company ap- 
proved February 10, in the year of our Lord 1851, shall 
ever be released, suspended, modified, altered, remitted, 
or in any manner diminished or impaired by legislative 
or other authority ; and all moneys derived from said 
company, after the payment of the State debt, shall be 
appropriated and set apart for the payment of the ordi- 
nary expenses of the State Government, and for no 
other purposes whatever. 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE 

CORPORATIONS. 

No county, city, town, township, or other municipal- 
ity shall ever become subscriber to the capital stock of 
any railroad or private corporation, or make donation 
to or loan its credit in aid of such corporation : Pro- 
vided^ however, that the adoption of this article shall not 
be construed as affecting the right of any such mmii- 
cipality to make such subscriptions where the same have 
been authorized, under existing laws, by a vote of the 
people of such municipalities prior to such adoption. 



THE CONSTITUTION OF ILLINOIS. 211 

CANAL. 

The Illinois and Michigan Canal shall never be sold 
or leased until the specific proposition for the sale or 
lease thereof shall first have been submitted to a vote 
of the people of the State, at a general election, and 
have been approved by a majority of all the votes polled 
at such election. The General Assembly shall never 
loan the credit of the State, or make appropriations 
from the treasury thereof, in aid of railroads or canals : 
Provided^ that any surplus earnings of any canal may 
be appropriated for its enlargement or extension. 

SCHEDULE. 

§ 1. Laws in Force remain Valid. 

§ 2. Fines ^ Penalties^ and Forfeitures, 

§ 3. Recognizances^ Bonds, Obligations, 

§ 4. Present County Courts continued. 

§ 5. All existing Courts continued. 

§ 6. Persons now in Office continued, 

§ 7. Election of Supreme Judges. 

§ 8. Time and Manner of Submission. 

§ 9. Buty of the Secretary of State, 

§ 10. New Constitution Ticket. 

§ 11. Election Returns — How canvassed, 

§ 12. In Case of partial Adoption. 

§ 13. Apportionment of Representatives. 

§ 14. Election of Members of the First JETouse. 

§ 15. First Election of Senators. 

§ 16. Apportionment by the Greneral Assembly. 

§ 17. Cfovernor to issue Writs of Election. 

§ 18. English shall be the Official Language. 

§ 19. Necessary Laws shall be enacted. 



212 THE CONSTITUTION OF ILLINOIS. 

§ 20. Present Recorders continued. 

§ 21. Compensation of Cooh County Judges. 

§ 22. Circuit Court of Lake County. 

§ 23. Two-mill Tax abolished. 

§ 24. Indebtedness of the City of Quincy. 

§ 25. Former Co7istitution to cease. 

§ 26. Provisions taking Effect immediately. 

That no inconvenience may arise from the alterations and amend- 
ments made in the Constitution of this State, and to carry the same into 
complete e£fect, it is hereby ordained and declared : — 

§ 1. That all laws in force at the adoption of this 
Constitution, not inconsistent therewith, and all rights, 
actions, prosecutions, claims, and contracts of this State, 
individuals, or bodies corporate, shall continue to be as 
valid as if this Constitution had not been adopted. 

§ 2. That all fines, taxes, penalties, and forfeitures, 
due and owing to the State of Illinois under the present 
Constitution and laws, shall inure to the use of the 
people of the State of Illinois, under this Constitution. 

§ 3. Recognizances, bonds, obligations, and all other 
instruments entered into or executed before the adop- 
tion of this Constitution, to the people of the State 
of Illinois, to any State or county officer or public 
body, shall remain binding and valid ; and rights and 
liabilities upon the same shall continue, and all crimes 
and misdemeanors shall be tried and punished as though 
no change had been made in the Constitution of this 
State. 

§ 4. County courts for the transaction of county 
business in counties not having adopted township organ- 
ization, shall continue in existence, and exercise their 
present jurisdiction until the board of county commis- 



THE CONSTITUTION OF ILLINOIS. 213 

sioners provided in this Constitution is organized in 
pursuance of an act of the General Assembly ; and the 
county courts in all other counties shall have the same 
power and jurisdiction they now possess until otherwise 
provided by general law. 

§ 5. All existing courts which are not in this Con- 
stitution specifically enumerated shall continue in exist- 
ence and exercise their present jurisdiction until other- 
wise provided by law. 

§ 6. All persons now filling any office or appoint-, 
ment shall continue in the exercise of the duties thereof, 
according to their respective commissions or appoint- 
ments, unless by this Constitution it is otherwise di- 
rected. 

§ 7. On the day this Constitution is submitted to the 
people for ratification, an election shall be held for 
judges of the Supreme Court in the second, third, sixth, 
and seventh judicial election districts designated in this 
Constitution, and for the election of three judges of the 
Circuit Court in the county of Cook as provided for in 
the article of this Constitution relating to the judiciary, 
at which election every person entitled to vote, accord- 
ing to the terms of this Constitution, shall be allowed 
to vote, and the election shall be otherwise conducted, 
returns made and certificates issued, in accordance with 
existing laws, except that no registry shall be required 
at said election : Provided^ that at said election in the 
county of Cook, no elector shall vote for more than two 
candidates for circuit judge. If, upon canvassing the 
votes for and against the adoption of this Constitution, 
it shall appear that there has been polled a greater 
number of votes against than for it, then no certificates 
of election shall be issued for any of said supreme or 
circuit judges. 



214 THE CONSTITUTION OF ILLINOIS. 

§ 8. This Constitution shall be submitted to the 
people of the State of Illinois for adoption or rejection, 
at an election to be held on the first Saturday in July, 
in the year of our Lord 1870, and there shall be sepa- 
rately submitted at the same time, for adoption or rejec- 
tion, §§ 9, 10, 11, 12, 13, 14, and 15, relating to rail- 
roads, in the article entitled " Corporations" ; the article 
entitled " Counties" ; the article entitled "Warehouses" ; 
the question of requiring a three-fifths vote to remove a 
county-seat ; the section relating to the Illinois Central 
Railroad ; the section in relation to minority representa- 
tion; the section relating to municipal subscriptions to 
railroads or private corporations, and the section relating 
to the canal. 

Every person entitled to vote under the provisions of 
this Constitution, as defined in the article in relation to 
" Sufi^rage," shall be entitled to vote for the adoption 
or rejection of this Constitution, and for or against the 
articles, sections, and questions aforesaid, separately 
submitted ; and the said qualified electors shall vote at 
the usual places of voting, unless otherwise provided ; 
and the said election shall be conducted, and returns 
thereof made according to the laws now in force regu- 
lating general elections, except that no registry shall be 
required at said election : Provided^ however^ that the 
polls shall be kept open for the reception of ballots 
until sunset of said day of election. 

§ 9. The Secretary of State shall, at least twenty 
days before said election, cause to be delivered to the 
county clerk of each county blank poll-books, tally-lists, 
and forms of return, and twice the number of properly 
prepared printed ballots for the said election that there 
are voters in such county, the expense whereof shall be 



THE CONSTITUTION OF ILLINOIS. 215 

audited and paid as other public printing ordered by 
the Secretary of State is, by law, required to be audited 
and paid ; and the several county clerks shall, at least 
five days before said election, cause to be distributed to 
the board of election, in each election district in their 
respective counties, said blank poll-books, tally-lists, 
forms of return, and tickets. 

§ 10. At the said election the ballots shall be in the 
following form : — 

New Constitution Ticket. 

For all the propositions on this ticket which are not 
cancelled with ink or pencil ; and against all proposi- 
tions which are so cancelled. For the new Constitu- 
tion. For the sections relating to railroads in the 
article entitled corporations. For the article entitled 
" Counties." For the article entitled " Warehouses." 
For a three fifths vote to remove county-seats. For the 
section relating to the Illinois Central Railroad. For 
the section relating to minority representation. For the 
section relating to municipal subscriptions to railroads 
or private corporations. For the section relating to the 
canal. 

Each of said tickets shall be counted as a vote cast 
for each proposition thereon not cancelled with ink or 
pencil, and against each proposition so cancelled, and 
returns thereof shall be made accordingly by the judges 
of election. 

§ 11. The returns of the whole vote cast, and of the 
votes for the adoption or rejection of this Constitution, 
and for or against the articles and sections respectively 
submitted, shall be made by the several county clerks, 
as is now provided by law, to the Secretary of State, 



216 THE CONSTITUTION OF ILLINOIS. 

within twenty days after the election ; and the returns 
of the said votes shall, within five days thereafter, be 
examined and canvassed by the Auditor, Treasurer, and 
Secretary of State, or any two of them, in the presence 
of the Governor, and proclamation shall be made by the 
Governor, forthwith, of the result of the canvass. 

§ 12. If it shall appear that a majority of the votes 
polled are '' for the new Constitution," then so much of 
this Constitution as was not separately submitted to be 
voted on by articles and sections, shall be the supreme 
law of the State of Illinois, on and after Monday, the 
8tli day of August, A. D. 1870 ; but if it shall appear 
that a majority of the votes polled were " against the 
new Constitution," then so much thereof as was not 
separately submitted to be voted on by articles and sec- 
tions shall be null and void. If it shall appear that a 
majority of the votes polled are " for the sections re- 
lating to railroads in the article entitled ' Corpora- 
tions/ " §§ 9, 10, 11, 12, 13, 14, and 15, relating to 
railroads in the said article, shall be a part of the Consti- 
tution of this State ; but if a majority of said votes are 
against such sections, they shall be null and void. If a 
majority of the votes polled are " for the article entitled 
' Counties,' " such article sliall be a part of the Consti- 
tution of this State, and shall be substituted for Article 
yil. in the present Constitution entitled " Counties " ; 
but if a majority of said votes are against such article, 
the same shall be null and void. If a majority of the 
votes polled are for the article entitled '"^ Warehouses," 
such article shall be a part of the Constitution of tliis 
State ; but if a majority of the votes are against said 
article, the same shall be null and void. If a majority 
of the votes polled are for either of the sections sepa- 



THE CONSTITUTION OF ILLINOIS. 217 

rately suljmitted, relating respectively to the " Illinois 
Central Railroad," " Minority Representation," " Muni- 
cipal Subscriptions to Railroads or Private Corpora- 
tions," and the " Canal," then such of said sections as 
, shall receive such majority shall be a part of the Consti- 
tution of this State ; but each of said sections so separ- 
ately submitted against which, respectively, there shall 
be a majority of the votes polled, shall be null and void : 
Provided^ that the section relating to '' Minority Repre- 
sentation " shall not be declared adopted unless the 
portion of the Constitution not separately submitted to 
be voted on by articles and sections shall be adopted, 
and in case said section relating to " Minority Repre- 
sentation " shall become a portion of the Constitution, 
it shall be substituted for §§ 7 and 8 of the legislative 
article. If a majority of the votes cast at such election 
shall be for a three-fifths vote to remove a county-seat, 
then the words " a majority " shall be stricken out of 
§ 4 of the article on counties, and the words '' three 
fifths " shall be inserted in lieu thereof; and the follow- 
ing words shall be added to said section, to wit : " But 
when an attempt is made to remove a county-seat to a 
point nearer to the centre of a county, then a majority 
vote only shall be necessary." If the foregoing propo- 
sition shall not receive a majority of the votes, as afore- 
said, then the same shall have no effect whatever. 

§ 13. Immediately after the adoption of this Consti- 
tution, the Governor and Secretary of State shall pro- 
ceed to ascertain and fix the apportionment of the State 
for members of the first House of Representatives 
under this Constitution. The apportionment shall be 
based upon the federal census of the year of our Lord 
1870 of the State of Illinois, and shall be made strictly 

10 



218 THE CONSTITUTION OF ILLINOIS. 

in accordance with the rules and principles announced 
in the article on the legislative department of this Con- 
stitution : Provided^ that in case the federal census 
aforesaid cannot be ascertained prior to Friday, the 23d 
day of September, in the year of our Lord 1870, then 
the said apportionment shall be based on the State census 
of the year of our Lord 1865, in accordance with the rules 
and principles aforesaid. The Governor shall, on or 
before Wednesday, the 28th day of September, in the 
year of our Lord 1870, make official announcement of 
the said apportionment, under the great seal of the 
State ; and one hundred copies thereof, duly certified, 
shall be forthwith transmitted by the Secretary of State 
to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered, by 
the Secretary of State, commencing with Alexander 
County as number, one, and proceeding then north- 
wardly through the State, and terminating with the 
County of Cook ; but no county shall be numbered as 
more than one district, except the county of Cook, which 
shall constitute three districts, each embracing the ter- 
ritory contained in the now existing representative dis- 
tricts of said county. And on the Tuesday after the 
first Monday in November, in the year of our Lord 1870, 
the members of the first House of Representatives 
under this Constitution shall be elected according to the 
apportionment fixed and announced as aforesaid, and 
shall hold their offices for two years, and until their 
successors shall be elected and qualified. 

15. The Senate, at its first session under this Con- 
stitution, shall consist of fifty members, to be chosen as 
follows : At the general election held on the first Tues- 
day after the first Monday of November in the year of 



THE CONSTITUTION OF ILLINOIS. 219 

our Lord 1870, two senators shall be elected in districts 
where the term of senators expires on the first Monday 
of January, in the year of our Lord 1871, or where 
there shall be a vacancy, and in the remaining districts 
one senator shall be elected. Senators so elected shall 
hold their office two years. 

§ 16. The General Assembly, at its first session held 
after the adoption of this Constitution, shall proceed to 
apportion the State for members of the Senate and 
House of Eepresentatives, in accordance with the pro- 
visions of the article on the legislative department. 

§ 17. When this Constitution shall be ratified by the 
people, the Governor shall forthwith, after having ascer- 
tained the fact, issue writs of election to the sheriffs of 
the several counties of this State, or in case of vacan- 
cies, to the coroners, for the election of all the officers, 
the time of whose election is fixed by this Constitution 
or schedule, and it shall be the duty of said sheriffs or 
coroners to give such notice of the time and place of 
said election as is now prescribed by law. 

§ 18. All laws of the State of Illinois, and all offi- 
cial writings, and the executive, legislative, and judicial 
proceedings, shall be conducted, preserved, and pub- 
lished in no other than the English language. 

§ 19. The General Assembly shall pass all laws ne- 
cessary to carry into effect the provisions of this Con- 
stitution. 

§ 20. The circuit clerks of the different counties 
having a population over sixty thousand shall continue 
to be recorders (ex officio^ for their respective counties, 
under this Constitution, until the expiration of their 
respective terms. 

§ 21. The judges of all courts of record in Cook 



220 THE CONSTITUTION OF ILLINOIS. 

County shall, in lieu of any salary provided for in this 
Constitution, receive the compensation now provided by 
law until the adjournment of the first session of the 
General Assembly after the adoption of this Constitu- 
tion. 

§ 22. The present judge of the Circuit Court of 
Cook County shall continue to hold the Circuit Court of 
Lake County until otherwise provided by law. 

§ 23. When this Constitution shall be adopted and 
take effect as the supreme law of the State of Illinois, 
the two-mill tax provided to be annually assessed 
and collected upon each dollar's worth of taxable prop- 
erty, in addition to all other taxes, as set forth in 
Article XV. of the now existing Constitution, shall 
cease to be assessed after the year of our Lord 1870. 

§ 24. Nothing contained in this Constitution shall 
be so construed as to deprive the General Assembly of 
power to authorize the city of Quincy to create any in- 
debtedness for railroad or municipal purposes for which 
the people of said city shall have voted, and to which 
they shall have given, by such vote, their assent, prior 
to the loth day of December, in the year of our Lord 
1869 : Provided, that no such indebtedness, so created, 
shall, in any part thereof, be paid by the State, or from 
any State revenue tax or fund, but the same shall be paid, 
if at all, by the said city of Quincy alone, and by taxes 
to be levied upon the taxable property thereof: And 
provided further, that the General Assembly shall have 
no power in the premises, that it could not exercise 
under the present Constitution of this State. 

§ 25. Li case this Constitution, and the articles and 
sections submitted separately, be adopted, the existing 
Constitution shall cease in all its provisions, and in case 



THE CONSTITUTION OF ILLINOIS. 221 

this Constitution be adopted, and any one or more 
of the articles or sections submitted separately be de- 
feated, the provisions of the existing Constitution, if 
any, on the same subject shall remain in force. 

§ 26. The provisions of this Constitution required 
to be executed, prior to the adoption or rejection there- 
of, shall take effect and be in force immediately. 

Done in Convention at the capitol, in the city of Springfield, on the 
thirteenth day of May, in the year of our Lord one thousand eight hundred 
and seventy, and of the Independence of the United States of America 
the ninety-fourth. 



WASIIINGTOJf'S FAREWELL ADDRESS. 



Friends and Fellotv-Citizens : — 

The period for a new election of a citizen to admin- 
ister the executive government of the United States 
being not far distant, and the time actually arrived 
when your thoughts must be employed in designating 
the person who is to be clothed with that important 
trust, it appears to me proper, especially as it may con- 
duce to a more distinct expression of the public voice, 
that I should now apprise you of the resolution I have 
formed to decline being considered among the number 
of those out of whom the choice is to be made. 

I beg you, at the same time, to do me the justice 
to be assured that this resolution has not been taken 
without a strict regard to all the considerations apper- 
taining to the relation which binds a dutiful citizen to 
his country, and that in withdrawing the tender of 
service which silence in my situation might imply, I am 
influenced by no diminution of zeal for your future 
interest, no deficiency of grateful respect for your past 
kindness, but am supported by a full conviction that 
the step is compatible with both. 

The acceptance of, and continuance hitherto in, the 
office to wliicli your sufii'ages have twice called me, 



WASHINGTON'S FAREWELL ADDRESS. 223 

have been a uniform sacrifice of inelination to the opin- 
ion of duty, and to a deference for what appeared to be 
your desire. I constantly hoped that it would have 
been much earlier in my power, consistently with mo- 
tives which I was not at liberty to disregard, to return 
to that retirement from which I had been reluctantly 
drawn. The strength of my inclination to do this, 
previous to the last election, had even led to the prepa- 
ration of an address to declare it to you ; but mature 
reflection on the then perplexed and critical posture 
of our affairs with foreign nations, and the unanimous 
advice of persons entitled to my confidence, impelled 
me to abandon the idea. 

I rejoice that the state of your concerns, external as 
well as internal, no longer renders the pursuit of incli- 
nation incompatible with the sentiment of duty or pro- 
priety ; and am persuaded, whatever partiality may be 
retained for my services, that in the present circum- 
stances of our country you will not disapprove of my 
determination to retire. 

The impressions with which I first undertook the 
arduous trust were explained on the proper occasion. 
In the discharge of this trust, I will only say, that I 
have, with good intentions, contributed towards the 
organization and administration of the government the 
best exertions of which a very fallible judgment was 
capable. Not unconscious in the outset of the inferi- 
ority of my qualifications, experience, in my own eyes, 
perhaps still more in the eyes of others, has strength- 
ened the motives to diffidence of myself ; and every day 
the increasing weight of years admonishes me more 
and more that the shade of retirement is as necessary 
to me as it will be welcome. Satisfied that, if any 



224 WASHINGTON'S FAREWELL ADDRESS. 

circumstances have given peculiar value to my services, 
they were temporary, I have the consolation to believe, 
that, while choice and prudence invite me to quit the 
political scene, patriotism does not forbid it. 

In looking forward to the moment which is to termi- 
nate the career of my political life, my feelings do not 
permit me to suspend the deep acknowledgment of 
that debt of gratitude which I owe to my beloved coun- 
try for the many honors it has conferred upon me ; 
still more for tlie steadfast confidence with which it 
has supported me, and for tlie opportunities I have 
thence enjoyed of manifesting my inviolable attachment, 
by services faithful and persevering, though in useful- 
ness unequal to my zeal. If benefits have resulted to 
our country from these services, let it always be remem- 
bered to your praise, and as an instructive example 
in our annals, that, under circumstances in which the 
passions, agitated in every direction, were liable to 
mislead, — amidst appearances sometimes dubious, vi- 
cissitudes of fortune often discouraging, — in situations 
in which, not unfrequently, want of success has counte- 
nanced the spirit of criticism, — the constancy of your 
support was the essential prop of the efforts, and a 
guaranty of the plans, by which they were effected. 
Profoundly penetrated with this idea, I shall carry it 
witli me to my grave, as a strong incitement to unceas- 
ing wishes that Heaven may continue to you the choicest 
tokens of its beneficence, that your union and brotherly 
affection may be perpetual, that the free Constitution 
which is the work of your hands may be sacredly main- 
tained, that its administration in every department may 
be stamped with wisdom and virtue, that, in fine, the 
happiness of the people of these States, under the aus- 



WASHINGTON'S FAREWELL ADDRESS. 225 

pices of liberty, may be made complete, by so careful 
a preservation and so prudent a use of this bjessing as 
will acquire to them the glory of recommending it to 
the applause, the affection, and the adoption of every 
nation which is yet a stranger to it. 

Here, perhaps, I ought to stop. But a solicitude 
for your welfare, which cannot end but with my life, 
and the apprehension of danger natural to that solici- 
tude, urge me, on an occasion like the present, to offer 
to your solemn contemplation, and to recommend to 
your frequent review, some sentiments which are the 
result of much reflection, of no inconsiderable obser- 
vation, and which appear to me all-important to the 
permanency of your felicity as a people. These will 
be offered to you with the more freedom, as you can 
only see in them the disinterested warnings of a part- 
ing friend, who can possibly have no personal motive 
to bias his counsel. Nor can I forget, as an encourage- 
ment to it, your indulgent reception of my sentiments 
on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every lig- 
ament of your hearts, no recommendation of mine is 
necessary to fortify or confirm the attachment. 

The unity of government which constitutes you one 
people is also now dear to you. It is justly so, for it is 
a main pillar in the edifice of your real independence, 
the support of your tranquillity at home, of your peace 
abroad, of your safety, of your prosperity, of that very 
liberty which you so highly prize. But as it is easy 
to foresee that, from different causes and from different 
quarters, 77iuch pains ivill be taken and many artifices 
employed to weaken in your minds the conviction of 
this truth, — as this is the point in your political fortress 
10* o 



22G WASHINGTON'S FAREWELL ADDRESS. 

against ivhich the batteries of internal ayid external 
enemies will be most constantly and actively (Jhough 
often covertly and insidiously) directed^ — it is of infinite 
moment that you should properly estimate the immense 
imliie of your national union to your collective and in- 
dividual happiness; that you should cherish a cordial, 
habitual, and immovable attachment to it, accustoming 
yourselves to think and speak of it as the palladium 
of your political safety and' prosperity, watching for 
its preservation ivith jealous anxiety, discountenancing 
whatever may suggrst even a suspicion that it can in 
any event be abandoned, and indignantly froivning upon 
the first dawning of every attempt to alienate any por- 
tion of our country from the rest, or to enfeeble the sacred 
ties ivhich noiv link together the various parts. 

For this you have every inducement of sympathy 
and interest. Citizens, by birth or choice, of a com- 
mon country, that country has a right to concentrate 
your affections. The name of American, which belongs 
to you in your national capacity, must always exalt 
the just pride of patriotism more than any appellation 
derived from local discriminations. With slight shades 
of difference, you have the same religion, manners, 
habits, and political principles. You have in a common 
cause fought and triumphed together ; the independence 
and libeijty you possess are the work of joint counsels 
and joint efforts, of common dangers, sufferings, and 
successes. 

But these considerations, however powerfully they 
address themselves to your sensibility, are greatly out- 
weighed by those which apply more immediately to 
your interests. Here every portion of our country 
finds the most commanding motives for carefully guard- 
ing and preserving the union of the whole. 



WASHINGTON'S FAREWELL ADDRESS- 227 

The North^ in an unrestrained intercourse with the 
Soulh, protected by the equal laws of a common govern- 
jnent, finds in the latter great additional resources 
of maritime and commercial enterprise, and precious 
materials of manufacturing industry. The South, in 
the same intercourse, benefiting by the agency of the 
N(yrth, sees its agriculture grow and its commerce ex- 
pand. Turning partly into its own channels the sea- 
men of the North, it finds its particular navigation 
invigorated ; and while it contributes in different ways 
to nourish and increase the general mass of the national 
navigation, it looks forward to the protection of a mar- 
itime strength to which itself is unequally adapted. 
The East, in like intercourse with the West, already 
finds, and in the progressive improvement of interior 
communications by land and water will more and more 
find, a valuable vent for the commodities which it 
brings from abroad or manufactures at home. The 
West derives from the East supplies requisite to its 
growth and comfort ; and, what is perhaps of still 
greater consequence, it must of necessity owe the secure 
enjoyment of indispensable outlets for its own produc- 
tions to the weight, influence, and the future maritime 
strength of the Atlantic side of the Union, directed 
by an indissoluble community of interest as one nation. 
Any other tenure by which the West can hold this 
essential advantage, whether derived from its own sep- 
arate strength or from an apostate and unnatural con- 
nection with any foreign power, must be intrinsically 
precarious. 

While, then, every part of our country thus feels an 
immediate and particular interest in union, all the 
parts combined cannot fail to find in the united mass 



228 WASHINGTON'S FAREWELL ADDRESS. 

of means and efforts greater strength, greater resource, 
proportionably greater security from external danger, 
a less frequent interruption of their peace by foreign 
nations ; and, what is of inestimable value, they must 
derive from union an exemption from those broils and 
wars between themselves which so frequently afflict 
neighboring countries, not tied together by the same 
government, which their own rivalships alone would 
be sufficient to produce, but which opposite foreign 
alliances, attachments, and intrigues would stimulate 
and imbitter. Hence, likewise, they will avoid the 
necessity of those overgrown military establishments, 
which, under any form of government, are inauspicious 
to liberty, and which are to be regarded as particularly 
hostile to republican liberty. In this sense it is that 
your union ought to be considered as a main prop 
of your liberty, and that the love of the one ought 
to endear to you the preservation of the other. 

These considerations speak a persuasive language 
to every reflecting and virtuous mind, and exhibit the 
continuance of the union as a primary object of patri- 
otic desire. Is there a doubt whether a common gov- 
ernment can embrace so large a sphere ? Let expe- 
rience solve it. To listen to mere speculation in such 
a case were criminal. We are authorized to hope that 
a proper organization of the whole, with the auxiliary 
agency of governments for the respective subdivisions, 
will afford a happy issue to the experiment. It is 
well worth a fair and full experiment. With such 
powerful and obvious motives to union, affecting all 
parts of our country, while experience shall not have 
demonstrated its impracticability, there will always be 
reason to distrust the patriotism of those who, in any 
quarter, may endeavor to weaken its bands. 



WASmNGTON'S FAREWELL ADDRESS. 229 

In contemplating the causes which may disturb our 
union, it occurs as matter of serious concern that anj 
ground should have been furnished for characteriz- 
ing parties by geographical discriminations, — North- 
ern and Southern^ — Atlantic and Western : whence 
designing men may endeavor to excite a belief that 
there is a real difference of local interests and views. 
One of the expedients of party to acquire influence 
within particular districts is to misrepresent the opin- 
ions and aims of other districts. You cannot shield 
yourselves too much against the jealousies and heart- 
burnings which spring from these misrepresentations : 
they tend to render alien to each other those who 
ought to be bound together by fraternal affection. The 
inhabitants of our Western country have lately had a 
useful lesson on this head. They have seen, in the 
negotiation by the Executive, and in the unanimous 
ratification by the Senate, of the treaty with Spain, 
and in the universal satisfaction at that event through- 
out the United States, a decisive proof how unfounded 
were the suspicions propagated among them of a policy 
in the general government and in the Atlantic States 
unfriendly to their interests in regard to the Mississippi. 
They have been witnesses to the formation of two 
treaties — that with Great Britain and that with Spain — 
which secure to them everything they could desire, in 
respect to our foreign relations, towards confirming 
their prosperity. Will it not be their wisdom to rely 
for the preservation of these advantages on the union 
by which they were procured ? Will they not hence- 
forth be deaf to those advisers, if such there are, who 
would sever them from their brethren, and connect 
them with aliens ? 



230 WASHINGTON'S FAEEWELL ADDRESS. 

To the efficacy and permanency of your union, a gov- 
ernment for the whole is indispensable. No alliances, 
however strict, between the parts can be an adequate 
substitute ; they must inevitably experience the infrac- 
tions and interruptions which all alliances in all times 
have experienced. Sensible of this momentous truth, 
you have improved upon your first essay, by the adop- 
tion of a constitution of government better calcu- 
lated than your former for an intimate union, and 
for the efficacious management of your common con- 
cerns. This government, the offspring of your oion 
choice, uninfluenced and unaiced, adopted upon full 
investigation and mature deliberation, completely free 
in. its principles, in the dist^'ihution of its powers 
uniting security with energy, and containing within 
itself a provision for its own amendments, has a just 
claim to your confidence and your support. Respect 
for its authority, compliance ivith its laivs, acquiescence 
in its measures, are duties enjoined by the fundamental 
maxims of true liberty. The basis of our political 
systems is the right of the people to make and to alter 
their constitutions of government. But the constitution 
which at any time exists, until changed by an explicit 
and autlicntic act of the whole people, is sacredly ob- 
ligatory upon all. The very idea of the power and the 
right of a people to establish a government presupposes 
the duty of every individual to obey the established 
government. 

All obstructions to the execution of the laws, all 
combinations and associations, under whatever plausible 
character, with the real design to direct, control, coun- 
teract, or awe the regular deliberations and actions 
of the constituted authorities, are destructive of this 



WASHINGTON'S FAEEWELL ADDRESS. 231 

fundamental principle, and of fatal tendency. They 
serve to organize faction ; to give it an artificial and 
extraordinary force ; to put in the place of the delegated 
will of the nation the will of a party, often a small 
but artful and enterprising minority of the community ; 
and, according to the alternate triumphs of different 
parties, to make the public administration the mirror 
of the ill-concerted and incongruous projects of faction, 
rather than the organ of consistent and wholesome 
plans, digested by common counsels, and modified by 
mutual interests. 

However combinations or associations of the above 
description may now and then answer popular ends, 
they are likely, in the course of time and things, to 
become potent engines by vjhich cunniyig, ambitious, 
and unprincipled men will be enabled to subvert the 
power of the people, and to usurp for themselves the 
reins of government ; destroying afterwards the very 
engines which have lifted them to unjust dominion. 

Towards the preservation of your government, and 
the permanency of your present happy state, it is requi- 
site, not only that you steadily discountenance irreg- 
ular oppositions to its acknowledged authority, )3ut 
also that you resist with care the spirit of innovation 
upon its principles, however specious the pretexts. One 
method of assault may be to effect in the forms of the 
Constitution alterations which will impair the energy 
of the system, and thus to undermine what cannot 
be directly overthrown. In all the changes to which 
you may be invited, remember that time and habit 
are at least as necessary to fix the true character of 
governments, as of other human institutions ; that ex- 
perience is the surest standard by which to test the 



232 WASHINGTON'S FAREWELL ADDEESS. 

real tendency of the existing constitution of a country ; 
that facihty in changes upon the credit of mere hypoth- 
esis and opinion exposes to perpetual change, from the 
endless variety of hypothesis and opinion ; and remem- 
ber especially, that for the efficient management of your 
common interests, in a country so extensive as ours, a 
government of as much vigor as is consistent with the 
perfect security of liberty is indispensable. Liberty it- 
self will find in such a government^ with powers properly 
distributed and adjusted, its surest guardian. It is, 
indeed, little else than a name, where the government 
is too feeble to withstand the enterprises of faction, to 
confine each 7nember of the society within the limits 
prescribed by the laivs, and to maintain all in the secure 
and tranquil enjoyment of the rights of person and 
property. 

I have already intimated, to you the danger of parties 
in the state, with particular reference to the founding 
of them on geographical discriminations. Let me now 
take a more comprehensive view, and warn you in the 
most solemn manner against the baneful effects of the 
spirit of party generally. 

This spirit, unfortunately, is inseparable from our 
nature, having its root in the strongest passions of the 
human mind. It exists under different shapes in all 
governments, more or less stifled, controlled, or re- 
pressed ; but in those of the popular form, it is seen in 
its greatest rankness, and is truly their worst enemy. 

The alternate domination of one faction over another, 
sharpened by the spirit of revenge, natural to party 
dissension, which in different ages and countries has 
perpetrated the most horrid enormities, is itself a fright- 
ful despotism. But this leads at length to a more 



WASHINGTON'S FAKEWELL ADDRESS. 233 

formal and permanent despotism. The disorders and 
miseries wliicli result gradually incline the minds of 
men to seek security and repose in the absolute power 
of an individual ; and sooner or later the chief of some 
prevailing faction, more able or more fortunate than 
his competitors, turns this disposition to the purposes 
of his own elevation on the ruins of public liberty. 

Without looking forward to an extremity of this kind, 
(which, nevertheless, ought not to be entirely out of 
sight,) the common and continual mischiefs of the 
spirit of party are sufficient to make it the interest and 
duty of a wise people to discourage and restrain it. 

It serves always to distract the public councils and 
enfeeble the public administration. It agitates the 
community with ill-founded jealousies and false alarms, 
kindles the animosity of one part against another, 
foments occasional riot and insurrection. It opens the 
door to foreign influence and corruption, which find 
a facilitated access to the government itself through 
the channels of party passions. Thus the policy and 
the will of one country are subject to the policy and the 
will of another. 

There is an opinion that parties in free countries are 
useful checks upon the administration of the govern- 
ment, and serve to keep alive the spirit of liberty. 
Tliis, within certain limits, is probably true ; and in 
governments of a monarchical cast, patriotism may 
look with hidulgence, if not with favor, upon the spirit 
of party. But in those of the popular character, in 
governments purely elective, it is a spirit not to be 
encouraged. From their natural tendency, it is certain 
there will always be enough of that spirit for every 
salutary purpose. And there being constant danger 



234 WASHINGTON'S FAREWELL ADDEESS. 

of excess, the effort ought to be, by force of public 
opinion, to mitigate and assuage it. A fire not to be 
quenched, it demands a uniform vigilance to prevent 
its bursting into a flame, lest, instead of warming, it 
should consume. 

It is important, likeivise, that the habits of thinking' 
■in a free country should inspire caution in those in- 
trusted luith its administration to confine themselves 
witJiin their respective constitutional spheres, avoiding' 
in the exercise of the poiuers of one department to 
encroach upon another. Tlie spirit of encroachment 
tends to consolidate the powers of all the departments in 
one, and thus to create, ivhatever the form of govern- 
ment, a real despotism. A just estimate of that love of 
power, and proneness to abuse it, which predominate in 
the human heart, is sufficient to satisfy us of the truth 
of this position. The necessity of reciprocal checks in 
the exercise of political power, by dividing and distrib- 
uting it into different depositories, and constituting 
each the guardian of the public weal against invasions of 
the others, has been evinced by experiments ancient and 
modern, some of them in our country and under our 
own eyes. To preserve them must be as necessary as 
to institute them. If, in the opinion of the people, the 
distribution or modification of the constitutional powers 
be in any particular ivrong, let it be corrected by an 
a'inendment in the way which the Constitution designates. 
But let there be no change by usurpation ; for though 
this in one instance may be the instrument of good, 
it is the customary weapon by which free governments 
are destroyed. The precedent must always greatly 
overbalance in permanent evil any partial or transient 
benefit which the use can at any time yield. 



WASHINGTON'S FAREWELL ADDRESS. 235 

Of all the dispositions and habits which lead to politi- 
cal prosperity, religion and morality are indispensable 
supports. In vain would that man claim the tribute 
of patriotism who should labor to subvert these great 
pillars of human happiness, — these firmest props of 
the duties of men and citizens. The mere politician, 
equally with the pious man, ought to respect and 
cherish them. A volume could not trace all their con- 
nections with private and public felicity. Let it simply 
be asked, Where is the security for property, for reputa- 
tion, for life, if the sense of religious obligation desert 
the oaths which are the instruments of investigation 
in courts of justice ? And let us with caution indulge 
the supposition that morality can be maintained with- 
out religion. WJiatever may he conceded to the influence 
of refined education on minds of peculiar structure, 
reason and experience both forbid us to expect that 
national morality can prevail in exclusion of religious 
principle. 

It is substantially true, that virtue or morality is a 
necessary spring of popular government. The rule, 
indeed, extends with more or less force to every species 
of free government. Who that is a sincere friend to 
it can look with indifference upon attempts to shake 
the foundation of the fabric ? 

Promote, then, as an object of primary importance, 
institutions for the general diffusion of knowledge. 
In proportion as the structure of a government gives 
force to public opinion, it is essential that public opin- 
ion should be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it is 
to use it as sparingly as possible, avoiding occasions 



236 WASHINGTON'S FAREWELL ADDRESS. 

of expense by cultivating peace ; but remembering also 
that timely disbursements to prepare for danger fre- 
quently prevent much greater disbursements to repel 
it ; avoiding likewise the accumulation of debt, not 
only by shunning occasions of expense, but by vigorous 
exertions in time of peace to discharge the debts which 
unavoidable wars may have occasioned, not ungener- 
ously throwing upon posterity the burden which we 
ourselves ought to bear. The execution of these max- 
ims belongs to your representatives ; but it is necessary 
that public opinion should co-operate. To facilitate to 
them the performance of their duty, it is essential that 
, you should practically bear in mind, that towards the 
payment of debts there must be revenue ; that to have 
revenue there must be taxes ; that no taxes can be 
devised whicli are not more or less inconvenient and 
unpleasant ; that the intrinsic embarrassment insepara- 
ble from the selection of the proper object, (which is 
always a choice of difficulties,) ought to be a decisive 
motive for a candid construction of the conduct of the 
government in making it, and for a spirit of acquies- 
cence in the measures for obtaining revenue which the 
public exigencies may at any time dictate. 

Observe good faith and justice towards all nations ; 
cultivate peace and harmony with all: religion and 
morality enjoin this conduct ; and can it be that good 
policy does not equally enjoin it ? It will be worthy 
of a free, enlightened, and at no distant period a 
great nation, to give to mankind the magnanimous 
and too novel example of a people always guided by 
an exalted justice and benevolence. Who can doubt 
that, in the course of time and things, the fruits of such 
a plan would richly repay any temporary advantages 



WASHINGTON'S FAREWELL ADDRESS. 237 

wliich might be lost by a steady adherence ib it ? Can 
it be that Providence has not connected the permanent 
felicity of a nation with its virtue ? The experiment, 
at least, is recommended by every sentiment which en- 
nobles human nature. Alas ! is it rendered impossible 
by its vices ? 

In the execution of such a plan, nothing is more 
essential than that permanent inveterate antipathies 
against particular nations, and passionate attachments 
for others, should be excluded, and that in place of 
them just and amicable feelings towards all should 
be cultivated. The nation which indulges towards 
another an habitual hatred or an habitual fondness is 
in some degree a slave. It is a slave to its animosity 
or to its affection, either of which is sufficient to lead 
it astray from its duty and its interest. Antipathy in 
one nation against another disposes each more readily 
to offer insult and injury, to lay hold of slight causes 
of umbrage, and to be haughty and intractable when 
accidental or trifling occasions of dispute occur. 

Hence frequent collisions, obstinate, envenomed, and 
bloody contests. The nation, prompted by ill-will and 
resentment, sometimes impels to war the government, 
contrary to the best calculations of policy. The gov- 
ernment sometimes participates in the national propen- 
sity, and adopts, through passion, what reason would 
reject ; at other times, it makes the animosity of the 
nation subservient to projects of hostility instigated by 
pride, ambition, and other sinister and pernicious mo- 
tives. The peace often, sometimes perhaps the liberty, 
of nations has been the victim. 

So, likewise, a passionate attachment of one nation 
for another produces a variety of evils. Sympathy 



238 WASHINGTON'S FAREWELL ADDRESS. 

for the favorite nation, facilitating the illusion of an 
imaginary common interest in cases where no real 
common interest exists, and infusing into one the en- 
mities of the other, betrays the former into a participa- 
tion in the quarrels and wars of the latter, without 
adequate inducements or justification. It leads also to 
concessions to the favorite nation of privileges denied 
to others, which are apt doubly to injure the nation 
making the concessions, by unnecessarily parting with 
what ought to have been retained, and by exciting 
jealousy, ill-will, and a disposition to retaliate in the 
parties from whom equal privileges are withheld ; and it 
gives to ambitious, corrupted, or deluded citizens (who 
devote themselves to the favorite nation) facility to 
betray or sacrifice the interests of their own country, 
without odium, sometimes even with popularity, gild- 
ing with the appearances of a virtuous sense of obliga- 
tion, a commendable deference for public opinion, or a 
laudable zeal for public good, the base or foolish com- 
pliances of ambition, corruption, or infatuation. 

As avenues to foreign influence, in innumerable ways, 
such attachments are particularly alarming to the truly 
enlightened and independent patriot. How many op- 
portunities do they afford to tamper with domestic fac- 
tions, to practise the arts of seduction, to mislead pub- 
lic opinion, to influence or awe the public councils ! 
Such an attachment of a small or weak towards a great 
and powerful nation dooms the former to be the sat- 
ellite of the latter. 

Against the insidious wiles of foreign influence, (I 
conjure you to believe me, fellow-citizens,) the jealousy 
of a free people ought to be constantly awake, since his- 
tory and experience prove that foreign influence is one 



WASHINGTON'S FAREWELL ADDRESS. 239 

of the most baneful foes of republican government. But 
that jealousy, to be useful, must be impartial, else it be- 
comes the instrument of the very influence to be avoid- 
ed, instead of a defence against it. Excessive partiality 
for one foreign nation, and excessive dislike of another, 
cause those whom they actuate to see danger only on 
one side, and serve to veil, and even second, the arts 
of influence on the other. Real patriots, who may 
resist the intrigues of the favorite, are liable to be- 
come suspected and odious, while its tools and dupes 
usurp the applause and confidence of the people, to 
surrender their interests. 

Tlie g-reat rule of conduct for us, in regard to foreign 
nations, is, in extending our commercial relations, to 
have with them as little political connection as possible. 
So far as we have already formed engagements, let 
them be fulfilled with perfect good faith. Here let us 
stop. 

Europe has a set of primary interests which to us 
have none, or a very remote relation. Hence she must 
be engaged in frequent controversies, the causes of 
which are essentially foreign to our concerns. Hence, 
therefore, it must be unwise in us to implicate our- 
selves by artificial ties in the ordinary vicissitudes of 
her politics, or the ordinary combinations and collisions 
of her friendships or enmities. 

Our detached and distant situation invites and ena- 
bles us to pursue a different course. If we remain 
one people, under an efficient government, the period 
is not far off when we may defy material injury from 
external annoyance ; when we may take such an atti- 
tude as will cause the neutrality we may at any time 
resolve upon to be scrupulously respected ; when bel- 



240 WASHINGTON'S FAREWELL ADDEESS. 

ligerent nations, under the impossibility of making 
acquisitions upon us, will not lightly hazard the giving 
us provocation ; when we may choose peace or war, 
as our interest, guided by justice, shall counsel. 

Why forego the advantages of so peculiar a situation ? 
Why quit our own to stand upon foreign ground ? 
Why, by interweaving our destiny with that of any 
part of Europe, entangle our peace and prosperity in 
the toils of European ambition, rivalship, interest, hu- 
mor, or caprice ? 

It is our true policy to steer clear of permanent alli- 
ances with any portion of the foreign world ; so far, I 
mean, as we are now at liberty to do it ; for let me 
not be understood as capable of patronizing infidelity 
to existing engagements. I hold the maxim no less ap- 
plicable to public than to private affairs, that honesty 
is always the best policy. I repeat it, therefore, let 
those engagements be observed in their genuine sense. 
But, in my opinion, it is unnecessary, and would be 
unwise, to extend them. 

Taking care always to keep ourselves, by suitable es- 
tablishments, on a respectable defensive posture, we may 
safely trust to temporary alliances for extraordinary 
emergencies.- 

Harmony, and a liberal intercourse with all nations, 
are recommended by policy, humanity, and interest. 
But even our commercial policy should hold an equal 
and impartial hand, neither seeking nor granting ex- 
clusive favors or preferences ; consulting the natural 
course of things ; diffusing and diversifying by gentle 
means the streams of commerce, but forcing nothing ; 
establishing, with powers so disposed — in order to 
give trade a stable course, to define the rights of our 



WASHINGTON'S FAREWELL ADDRESS. 241 

merchants, and to enable tlie government to support 
them — conventional rules of intercourse, the best that 
present circumstances and mutual opinion will permit, 
but temporary and liable to be from time to time 
abandoned or varied, as experience and circumstances 
shall dictate : constantly keeping in view, that it is 
folly in one nation to look for disinterested favors from 
another ; that it must pay with a portion of its inde- 
pendence for whatever it may accept under that char- 
acter ; that by such acceptance it may place itself in 
the condition of having given equivalents for nominal 
favors, and yet of being reproached with ingratitude 
for not giving more. There can be no greater error 
than to expect or calculate upon real favors from nation 
to nation. It is an illusion which experience must cure, 
which a just pride ought to discard. 

In offering to you, my countrymen, these counsels 
of an old and affectionate friend, I dare not hope they 
will make the strong and lasting impression I could 
wish, — that they will control the usual current of the 
passions, or prevent our nation from running the course 
which has hitherto marked the destiny of nations. But 
if I may even flatter myself that they may be produc- 
tive of some partial benefit, some occasional good, — that 
they may now and then recur to moderate the fury of 
party spirit, to warn against the mischiefs of foreign 
intrigue, to guard against the impostures of pretended 
patriotism, — this hope will be a full recompense for the 
solicitude for your welfare by which they have been dic- 
tated. 

How far, in the discharge of my official duties, 1 
have been guided by the principles which have been 
delineated, the public records and other evidences of 
11 p 



242 WASHINGTON'S FAREWELL ADDRESS. 

my conduct must witness to you and to the world. 
To myself, the assurance of my own conscience is, 
that I have at least believed myself to be guided by 
them. 

In relation to the still subsisting war in Europe, 
my proclamation of the 22d of April, 1793, is the index 
to my plan. Sanctioned by your approving voice, and 
by that of your representatives in both houses of Con- 
gress, the spirit of that measure has continually governed 
me, uninfluenced by any attempts to deter or divert 
me from it. 

After deliberate examination, with the aid of the 
^est lights I could obtain, I was well satisfied that our 
country, under all the circumstances of the case, had 
a right to take, and was bound in duty and interest 
to take, a neutral position. Having taken it, I deter- 
mined, as far as should depend upon me, to maintain 
it with moderation, perseverance, and firmness. The 
considerations which respect the right to hold this con- 
duct, it is not necessary on this occasion to detail. I 
will only observe, that, according to my understanding 
of the matter, that right, so far from being denied by 
any of the belligerent powers, has been virtually ad- 
mitted by all. 

The duty of holding a neutral conduct may be in- 
ferred, without anything more, from the obligation 
which justice and humanity impose on every nation, 
in cases in which it is free to act, to maintain inviolate 
the relations of peace and amity towards other nations. 

The inducements of interest for observing that con- 
duct will best be referred to your own reflections and 
experience. With me, a predominant motive has been 
to endeavor to gain time to our country to settle and 



WASHINGTON'S FAREWELL ADDRESS. 243 

mature its yet recent institutions, and to progress with- 
out interruption to tliat degree of strength and con- 
sistency which is necessary to give it, humanly speaking, 
the command of its own fortunes. 

Though in reviewing the incidents of my adminis- 
tration I am unconscious of intentional error, I am 
nevertheless too sensible of my defects not to think it 
probable that I have committed many errors. What- 
ever they may be, I fervently beseech the Almighty 
to avert or mitigate the evils to which they may tend. 
I shall also carry with me the hope that my country 
will never cease to view them with indulgence ; and 
that, after forty-five years of my life dedicated to its 
service with an upright zeal, the faults of incompetent 
abilities will be consigned to oblivion, as myself must 
soon be to the mansions of rest. 

Relying on its kindness in this, as in other things, 
and actuated by that fervent love towards it which is 
so natural to a man who views in it the native soil of 
himself and his progenitors for several generations, I 
anticipate with pleasing expectation that retreat in which 
I promise myself to realize, without alloy, the sweet en- 
joyment of partaking, in the midst of my fellow-citizens, 
the benign influence of good laws under a free govern- 
ment, the ever-favorite object of my heart, and the hap- 
py reward, as I trust, of our mutual cares, labors, and 
dangers. 

GEORGE WASHINGTON. 

United States, September 17, 1796. 



DECLARATION OF INDEPEJ^DENCE 



OF THE 



UNITED STATES OF AMERICA, 

BY THEIR KEPRESENTATIVES IN CONGRESS ASSEINIBLED, JULY 4, 1776. 

When, in the course of human events, it becomes 
necessary for one people to dissolve the political bands 
which have connected them with another, and to as- 
sume, among the powers of the earth, the separate and 
equal station to which the laws of nature and of nature's 
God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident : — that all 
men are created equal ; that they are endowed by their 
Creator with certain unalienable rights ; that among 
these are life, liberty, and the pursuit of happiness ; 
that to secure these rights, governments are instituted 
among men, deriving their just powers from the consent 
of the governed ; that whenever any form of govern- 
ment becomes destructive of these ends, it is the right 
of the people to alter or to abolish it, and to institute a 
new government, laying its foundation on such prin- 
ciples, and organizing its powers in such form, as to 
them shall seem most likely to effect their safety and 
happiness. Prudence, indeed, will dictate, that govern- 



DECLARATION OF INDEPENDENCE. 245 

merits long established should not be changed for light 
and transient causes ; and accordingly all experience 
hath shown that mankind are more disposed to suffer 
while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. 
But when a long train of abuses and usurpations, pur- 
suing invariably the same object, evinces a design to 
reduce them under absolute despotism, it is their right, 
it is their duty, to throw off such government, and to 
provide new guards for their future security. Such has 
been the patient sufferance of these Colonies ; and such 
is now the necessity which constrains them to alter their 
former systems of government. The history of the 
present king of Great Britain is a history of repeated 
injuries and usurpations, all having in direct object the 
establishment of an absolute tyranny over these States. 
To prove this, let facts be submitted to a candid world. 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of im- 
mediate and pressing importance, unless suspended in 
their operation till his assent should be obtained ; and 
when so suspended, he has utterly neglected to attend 
to them. He has refused to pass other laws for the 
accommodation of large districts of people, unless those 
people would relinquish the right of representation in 
the Legislature ; a right inestimable to them, and for- 
midable to tyrants only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the depository 
of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for 



246 DECLARATION OF INDEPENDENCE. 

opposing, with manly firmness, his invasions on the 
rights of the people. 

He has refused, for a long time after such dissolu- 
tions, to cause others to be elected ; whereby the legis- 
lative powers, incapable of annihilation, have returned 
to the people at large, for their exercise ; the state 
remaining in the mean time exposed to all the dangers 
of invasion from without and convulsions within. 

He has endeavored to prevent the population of these 
States ; for that purpose obstructing the laws for nat- 
uralization of foreigners, refusing to pass others to en- 
courage their migrations hither, and raising the con- 
ditions of new appropriations of lands. 

He has obstructed the administration of justice, by 
refusing his assent to laws for establishing "judiciary 
powers. 

He has made judges dependent on his will alone for 
the tenure of their offices, and the amount and pay- 
ment of their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers, to harass our people and eat 
out their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislatures. 

He has affected to render the military independent 
of, and superior to, the civil power. 

He has combined with others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws ; giving his assent to their acts of pretended 
legislation ; — 

For quartering large bodies of armed troops among 
us : 

For protecting them, by a mock trial, from punish- 



DECLARATION OF INDEPENDENCE. 247 

ment for any murders which they should commit on 
the inhabitants of these States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent ; 

For depriving us, in many cases, of the benefits of 
trial by jury : 

For transporting us beyond seas to be tried for pre- 
tended offences : 

For abolishing the free system of English laws in a 
neighboring Province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to ren- 
der it at once an example and fit instrument for intro- 
ducing the same absolute rule into these Colonies : 

For taking away our charters, abolishing our most 
valuable laws, and altering, fundamentally, the forms 
of our governments : 

For suspending our own legislatures, and declaring 
themselves invested with the power to legislate for us in 
all cases whatsoever. 

He has abdicated government here, by declaring us 
out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of for- 
eign mercenaries to complete the works of death, deso- 
lation, and tyranny, already begun with circumstances 
of cruelty* and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the head of a civ- 
ilized nation. 

He has constrained our fellow-citizens, taken captive 
on the high seas, to bear arms against their country, to 
become the executioners of their friends and brethren 
or to fall themselves by their hands. 



248 DECLARATION OF INDEPENDENCE. 

Ho has excited domestic insurrections amongst us, 
and has endeavored to bring on the inhabitants of our 
frontiers the merciless Indian savages, whose known 
I'nle of warfare is an undistinguished destruction of all 
ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned 
for redress in the most humble terms : our repeated 
petitions liave been answered only by repeated injury. 
A prince whose character is thus marked by every act 
wliich may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attentions to our British 
brethren. We have warned them, from time to time, 
of attempts by their legislature to extend an unwar- 
rantable jurisdiction over us. We have reminded 
them of the circumstances of our emigration and settle- 
ment here. We have appealed to their native justice 
and magnanimity, and we have conjured them by the 
ties of our common kindred to disavow these usurpa- 
tions, which would inevitably interrupt our connec- 
tions and correspondence. They too have been deaf to 
the voice of justice and of consanguinity. We must 
therefore acquiesce in the necessity which denounces 
our separation, and hold them, as we hold the rest of 
mankind, enemies in war, in peace friends. 

We, therefore, the Representatives of the United 
States of America, in General Congress assembled, ap- 
pealing to the Supreme Judge of the world for the rec- 
titude of our intentions, do, in the name and by the 
authority of tlie good people of these Colonies, solemnly 
publish and declare. That these United Colonies are, 
and of right ought to be, Free and Independent States ; 
that they are absolved from all allegiance to the British 



DECLARATION OF INDEPENDENCE. 



249 



crown, and that all political connection between them 
and the state of G-reat Britain is, and ought to be, to- 
tally dissolved ; and that, as free and independent 
States, they have full power to levy war, conclude 
peace, contract alliances, establish commerce, and to do 
all otlier acts and things which independent states may 
of right do. And for the support of this declaration, 
with a firm reliance on the protection of Divine Provi- 
dence, we mutually pledge to each other our lives, our 
fortunes, and our sacred honor. 

JOHN HANCOCK. 



New Hampshire. 

JOSIAH BAKTLETT, 

William Whipi'LE, 
Matthew Thoknton. 

Massachusetts Bay. 

Samuel Adams, 
John Adams, 
Robekt Tkeat Paine, 
Elbuidge Gekky. 

Rhode Island, ^-c. 

Stephen Hopkins, 
William Ellery. 

Connecticut. 

Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New YorJc. 

William Floyd, 
Philip Livingston, 
I'rancis Lewis, 
Lewis Morris. 



New Jersey. 
Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 

Pennsylvania. 

Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 

Delaware. 
Cesar Rodney, 
George Read, 
Thomas M'Kean. 

Maryland. 
Samuel Chase, 
William Paca, 
Thomas Stone, 
Chs Carroll of CaroUton. 



Virginia. 
George Wythe, 
Richard Henry Lee, 
Thomas .Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr., 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 

William Hooper, 
Joseph Hewes, 
John Penn. 

South Carolina. 
Edward Rutledge, 
Thomas Hey ward, .Jp..> 
Thomas Lynch, Jr., 
Arthur Middleton. 

Georgia. 
Button Gwinnett, 
Lyman Hall, 
George Walton 



11* 



ARTICLES OF CONFEDERATION 



AND 



PERPETUAL UNION 

BETWEEN THE STATES OF NEW HAMPSHIRE, MASSACHUSETTS 
BAY, RHODE ISLAND AND PROVIDENCE PLANTATIONS, 
CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, 
DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, 
SOUTH CAROLINA, AND GEORGIA. 

ADOPTED IN CONGBESS, JULY 9, 1778 ; RATIFIED AND CAHRIED INTO EFFECT 

MARCH 1, 1781. 

Article 1. The style of this confederacy shall be, 
" The United States of America.''^ 

Art. 2. Each State retains its sovereignty, freedom, 
and independence, and every power, jurisdiction, and 
right, which is not by this confederation expressly del- 
egated to the United States in Congress assembled. 

Art. 3. The said States hereby severally enter into 
a firm league of friendship with each other, for their 
common defence, the security of their liberties, and 
their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or 
attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretence 
whatever. 

Art. 4. § 1. The better to secure and perpetuate 
mutual friendship and intercourse among the people of 
the different States in this Union, the free inhabitants of 



ARTICLES OF CONFEDERATION. 251 

each of these States, paupers, vagabonds, and fugitives 
from justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several States ; 
and the people of each State shall have free ingress and 
regress to and from any other State, and shall enjoy 
therein all the privileges of trade and commerce, sub- 
ject to the same duties, impositions, and restrictions 
as the inhabitants thereof respectively ; provided that 
such restrictions shall not extend so far as to prevent 
the removal of property imported into any State to 
any other State of which the owner is an inhabitant ; 
provided also, that no imposition, duties, or restriction 
shall be laid by any State on the property of the 
United States, or either of them. 

§ 2. If any person guilty of, or charged with, treason, 
felony, or other high misdemeanor in any State, shall 
flee from justice, and be found in any of the United 
States, he shall, upon demand of the Governor or ex- 
ecutive power of the State from which he fled, be 
delivered up, and removed to the State having jurisdic- 
tion of his offence. 

§ 3. Full faith and credit shall be given, in each of 
these States, to the recor'ls, acts, and judicial proceed- 
ings of the courts and magistrates of every other State. 

Art. 5. § 1. For the more convenient management 
of the general interests of the United States, delegates 
shall be annually appointed in such manner as the 
Legislature of each State shall direct, to meet in Con- 
gress on the first Monday in November, in every year, 
with a pdwer reserved to each State to recall its dele- 
gates, or any of them, at any time within the year, 
and to send others in their stead, for the remainder 
of the year. 



252 ARTICLES OF CONFEDERATION. 

§ 2. No State shall be represented in Congress by 
less than two, nor more than seven members ; and 
no person shall be capable of being a delegate for more 
than three years, in any term of six years ; nor shall 
any person, being a delegate, be capable of holding any 
office under the United States, for which he, or another 
for his benefit, receives any salary, fees, or emolument 
of any kind. 

§ 3. Each State shall maintain its own delegates in 
a meeting of the States, and while they act as members 
of the committee of these States. 

§ 4. Li determining questions in the United States 
in Congress assembled, each State shall have one vote. 

§ 5. Freedom of speech and debate in Congress shall 
not be impeached or questioned in any court or place 
out of Congress, and the members of Congress shall be 
protected in their persons from arrests and imprison- 
ments during the time of their going to and from, and 
attendance on. Congress, except for treason, felony, or 
breach of the peace. 

Art. 6. § 1. No State, without the consent of the 
United States in Congress assembled, shall send any 
embassy to, or receive any embassy from, or enter into 
any conference, agreement, alliance, or treaty with, any 
king, prince, or state ; nor shall any person holding any 
office of profit or trust under the United States, or 
any of them, accept of any present, emolument, office, 
or title of any kind whatever, from any king, prince, 
or foreign state ; nor shall the United States in Con- 
gress assembled, or any of them, grant any title of 
nobility. 

§ 2. No two or more States shall enter into any 
treaty, confederation, or alliance whatever, between 



ARTICLES OF CONFEDERATION. 253 

them, without the consent of the United States in 
Congress assembled, specifying accurately the purposes 
for which the same is to be entered into, and how long 
it shall continue. 

§ 3. No State shall lay any imposts or duties which 
may interfere with any stipulations in treaties, entered 
into by the United States in Congress assembled, with 
any king, prince, or state, in pursuance of any treaties 
already proposed by Congress to the courts of France 
and Spain. 

§ 4. No vessels of war shall be kept up in time of 
peace, by any State, except such number only as shall 
be deemed necessary by the United States in Congress 
assembled for the defence of such State, or its trade ; 
nor shall any body of forces be kept up, by any State, 
in time of peace, except such number only as, in the 
judgment of the United States in Congress assembled, 
shall be deemed requisite to garrison the forts necessary 
for the defence of such State ; but every State shall 
always keep up a well-regulated and disciplined militia, 
sufiiciently armed and accoutred, and shall provide and 
constantly have ready for use, in public stores, a due 
number of field-pieces and tents, and a proper quan- 
tity of arms, ammunition, and camp equipage. 

§ 5. No State shall engage in any war without the 
consent of the United States in Congress assembled, 
unless such State be actually invaded by enemies, or 
shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, 
and the danger is so imminent as not to admit of a 
delay till the United States in Congress assembled 
can be consulted ; nor shall any State grant commis- 
sions to any ships or vessels of war, nor letters of 



254 ARTICLES OF CONFEDERATION. 

marque or reprisal, except it be after a declaration 
of war by the United States in Congress assembled, 
and then only against the kingdom or state, and the 
subjects thereof, against which war has been so de- 
clared, and under such regulations as shall be estab- 
lished by the United States in Congress assembled, 
unless such State be infested by pirates, in which case 
vessels of war may be fitted out for that occasion, and 
kept so long as the danger shall continue, or until the 
United States in Congress assembled shall determine 
otherwise. 

Art. 7. When land forces are raised by any State for 
the common defence, all officers of or under the rank of 
colonel shall be appointed by the Legislature of each 
State respectively by whom such forces shall be raised, 
or in such manner as such State shall direct, and all 
vacancies shall be filled up by the State which first made 
the appointment. 

Art. 8. All charges of war, and all other expenses 
that shall be incurred for the common defence or gen- 
eral welfare, and allowed by the United States in Con- 
gress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, 
in proportion to the value of all land within each State, 
granted to or surveyed for any person, as such land and 
the buildings and improvements thereon shall be esti- 
mated, according to such mode as the United States in 
Congress assembled shall, from time to time, direct and 
appoint. The taxes for paying that proportion shall be 
laid and levied by the authority and direction of the 
legislatures of the several States, within the time agreed 
upon by the United States in Congress assembled. 

Art. 9. § 1. The United States in Congress assem- 



ARTICLES OF CONFEDERATION. 255 

bled shall have the sole and exclusive right and power 
of determining on peace and war, except in the cases 
mentioned in the sixth article, of sending and receiving 
ambassadors ; entering into treaties and alliances, pro- 
vided that no treaty of commerce shall be made, where- 
by the legislative power of the respective States shall be 
restrained from imposing such imposts and duties on 
foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any spe- 
cies of goods or commodities whatsoever ; of establishing 
rules for deciding in all cases what captures on land or 
water shall be legal, and in what manner prizes taken 
by land or naval forces in the service of the United 
States shall be divided or appropriated ; of granting let- 
ters of marque and reprisal in time of peace ; appointing 
courts for the trial of piracies and felonies committed on 
the high seas ; and establishing courts for receiving and 
determining finally appeals in all cases of captures ; 
provided that no member of Congress shall be appointed 
a judge of any of the said courts. 

§ 2. The United States in Congress assembled shall 
also be the last resort on appeal in all disputes and 
differences now subsisting, or that hereafter may arise, 
between two or more States, concerning boundary, juris- 
diction, or any other cause whatever ; which authority 
shall always be exercised in the manner following : 
"Whenever the legislative or executive authority, or 
lawful agent of any State in controversy with another, 
shall present a petition to Congress, stating the matter 
in question, and praying for a hearing, notice thereof 
shall be given by order of Congress to the legislative or 
executive authority of the other State in controversy, 
and a day assigned for the appearance of the parties by 



256 AETICLES OF CONFEDERATION. 

their lawful agents, who shall then be directed to ap- 
point, by joint consent, commissioners or judges to con- 
stitute a court for hearing and determining the matter 
in question ; but if tliey cannot agree, Congress shall 
name three persons out of each of the United States, 
and from the list of such persons each party shall alter- 
nately strike out one, the petitioners beginning, until 
the number shall be reduced to thirteen ; and from that 
number not less than seven nor more than nine names, 
as Congress shall direct, shall, in the presence of Con- 
gress, be drawn out by lot ; and the persons whose 
names shall be so drawn, or any five of them, shall be 
commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges 
who shall hear the cause shall agree in the determina- 
tion : and if either party shall neglect to attend at the 
day appointed, without showing reasons which Congress 
shall judge sufficient, or, being present, shall refuse to 
strike, the Congress shall proceed to nominate three per- 
sons out of each State, and the Secretary of Congress 
shall strike in behalf of such party absent or refusing ; 
and the judgment and sentence of the court, to be ap 
pointed in the manner before prescribed, shall be final 
and conclusive ; and if any of the parties shall refuse to 
submit to the authority of such court, or to appear or 
defend their claim or cause, the court shall nevertheless 
proceed to pronounce sentence or judgment, which shall 
in like manner be final and decisive ; the judgment or 
sentence and other proceedings being in either case 
transmitted to Congress, and lodged among the acts of 
Congress, for the security of the parties concerned : 
provided, that every commissioner, before he sits in 
judgment, shall take an oath, to be administered by one 



AETICLES OF CONFEDEEATION. 257 

of the judges of the supreme or superior court of the 
State where the cause shall be tried, " well and truly to 
hear and determine the matter in question, according 
to the best of his judgment, without favor, aifection, 
or hope of reward." Provided also, that no State shall 
be deprived of territory for the benefit of the United 
States. 

§ 3. All controversies concerning the private right 
of soil claimed under different grants of two or more 
States, whose jurisdictions, as they may respect such 
lands and the States which passed such grants, are ad- 
justed, the said grants or either of them being at the 
same time claimed to have originated antecedent to 
such settlement of jurisdiction, shall, on the petition 
of either party to the Congress of the United States, be 
finally determined, as near as may be, in the same man- 
ner as is before prescribed for deciding disputes respect- 
ing territorial jurisdiction between different States. 

§ 4. The United States in Congress assembled shall 
also have the sole and exclusive right and power of reg- 
ulating the alloy and value of coin struck by their own 
authority, or by that of the respective States ; fixing tlie 
standard of weights and measures throughout the United 
States ; regulating the trade and managing all affairs 
with the Indians, not members of any of the States ; 
provided that the legislative right of any State, within 
its own limits, be not infringed or violated ; establishing 
and regulating post-offices from one State to another, 
throughout all the United States, and exacting such 
postage on the papers passing through the same as may 
be requisite to defray the expenses of the said office ; 
appointing all officers of the land forces in the service 
of the United States, excepting regimental officers ; ap- 



258 AETICLES OF CONFEDEEATION. 

pointing all the officers of the naval forces, and commis- 
sioning all officers whatever in the service of the United 
States ; making rules for the government and regula- 
tion of the said land and naval forces, and directing 
their operations. 

§ 5. The United States in Congress assembled shall 
have authority to appoint a committee, to sit in the re- 
cess of Congress, to be denominated, "^ Cominittee of 
the States,^^ and to consist of one delegate from each 
State ; and to appoint such other committees and civil 
officers as may be necessary for managing the general 
affairs of the United States under their direction ; to 
appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president 
more than one year in any term of three years ; to 
ascertain the necessary sums of money to be raised for 
the service of the United States, and to appropriate and 
apply the same for defraying the public expenses ; to 
borrow money or emit bills on the credit of the United 
States, transmitting every half-year to the respective 
States an account of the sums of money so borrowed or 
emitted ; to build and equip a navy ; to agree upon the 
number of land forces, and to make requisitions from 
each State for its quota, in proportion to the number of 
white inhabitants in such State, which requisition shall 
be binding ; and thereupon the Legislature of each State 
shall appoint the regimental officers, raise the men, 
clothe, arm, and equip them, in a soldier-like manner, at 
the expense of the United States ; and the officers and 
men so clothed, armed, and equipped, shall march to 
the place appointed, and within the time agreed on by 
the United States in Congress assembled ; but if the 
United States in Congress assembled shall, on consider 



ARTICLES OF CONFEDERATION. 259 

ation of circumstances, judge proper that any State 
should not raise men, or should raise a smaller number 
than its quota, and that any other State should raise 
a greater number of men than the quota thereof, such 
extra number shall be raised, officered, clothed, armed, 
and equipped in the same manner as the quota of such 
State, unless the Legislature of such State shall judge 
that such extra number cannot be safely spared out of 
the same, in which case they shall raise, officer, clothe, 
arm, and equip as many of such extra number as they 
judge can be safely spared, and the officers and men so 
clothed, armed, and equipped shall march to the place 
appointed, and within the time agreed on by the United 
States in Congress assembled. 

§ 6. The United States in Congress assembled shall 
never engage in a war, nor grant letters of marque and 
reprisal in time of peace, nor enter into any treaties or 
alliances, nor coin money, nor regulate the value there- 
of, nor ascertain the sums and expenses necessary for 
the defence and welfare of the United States, or any of 
them, nor emit bills, nor borrow money on the credit of 
the United States, nor appropriate money, nor agree 
upon the number of vessels of war to be built or pur- 
chased, or the number of land or sea forces to be raised, 
nor appoint a commander-in-chief of the army or navy, 
unless nine States assent to the same : nor shall a ques- 
tion on any other point, except for adjourning from day 
to day, be determined, unless by the votes of a majority 
of the United States in Congress assembled. 

§ 7. The Congress of the United States shall have 
power to adjourn to any time within the year, and to 
any place within the United States, so that no period of 
adjournment be for a longer duration than the space of 



260 AETICLES OF CONFEDEEATION. 

six months, and shall publish the journal of their pro- 
ceedings monthly, except such parts thereof relating 
to treaties, alliances, or military operations, as in their 
judgment require secrecy ; and the yeas and nays of 
the delegates of each State, on any question, shall be 
entered on the journal, when it is desired by any del- 
egate ; and the delegates of a State, or any of them, at 
his or their request, shall be furnished with a transcript 
of the said journal, except such parts as are above 
excepted, to lay before the legislatures of the several 
States. 

Aet. 10. The Committee of the States, or any nine 
of them, shall be authorized to execute, in the recess of 
Congress, such of the powers of Congress as the United 
States in Congress assembled, by the consent of nine 
States, shall, from time to time, think expedient to vest 
them with ; provided that no power be delegated to the 
said Committee, for the exercise of which, by the Ar- 
ticles of Confederation, the voice of nine States, in the 
Congress of the United States assembled, is requisite. 

Aet. 11. Canada acceding to this confederation, and 
joining in the measures of the United States, shall be 
admitted into, and entitled to all the advantages of this 
union : but no other Colony shall be admitted into the 
same, unless such admission be agreed to by nine 
States. 

Aet. 12. All bills of credit emitted, moneys borrowed, 
and debts contracted by or under the authority of Con- 
gress, before the assembling of the United States, in 
pursuance of the present Confederation, shall be deemed 
and considered as a charge against the United States, 
for payment and satisfaction whereof the said United 
States and the public faith are hereby solemnly pledged. 



ARTICLES OF CONFEDERATION. 261 

Art. 13. Every State shall abide by the determina- 
tions of the United States in Congress assembled, on all 
questions which by this Confederation are submitted to 
them. And the Articles of this Confederation shall be 
inviolably observed by every State, and the union shall 
be perpetual ; nor shall any alteration at any time here- 
after be made in any of them, unless such alteration be 
agreed to in a Congress of the United States, and be 
afterwards confirmed by the Legislature of every State. 

And whereas it- hath pleased the great Governor of 
the world to incline the hearts of the Legislatures we re- 
spectively represent in Congress, to approve of, and to 
authorize us to ratify, the said Articles of Confederation 
and Perpetual Union, Know ye, that we, the under- 
signed delegates, by virtue of the power and authority 
to us given for that purpose, do, by these presents, in 
the name and in behalf of our respective constituents, 
fully and entirely ratify and confirm each and every of 
the said Articles of Confederation and Perpetual Union, 
and all and singular the matters and things therein con- 
tained. And we do further solemnly plight and engage 
the faith of our respective constituents, that they shall 
abide by the determinations of the United States in Con- 
gress assembled, on all questions which by the said Con- 
federation are submitted to them ; and that the articles 
thereof shall be inviolably observed by the States we 
respectively represent, and that the union shall be per- 
petual. Li witness whereof, we have hereunto set our 
hands, in Congress. 

Done at Philadelphia^ in the State of Pennsylvania^ the 
9th day of July ^ in the year of our Lord 1778, and in 
the third year of the Independence of America. 



262 ARTICLES OF CONFEDERATION. 

On the part aiid behalf of the State of New Hampshire. 
JosiAH Bartlett, John Wentworth, Jun., Aug. 8, 1778. 

On the part and behalf of the State of Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbkidge Gerry, Samuel Holten. 

On the part and behalf of the State of Rhode Island and Providence Planiaiioni. 
William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the State of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York. 
Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and in behalf of the State of New Jersey. 
Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778. 

On the part and behalf of the State of Pennsylvania. 
Robert. Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, July 22, 1778. 

JoNA. Bayard Smith, 

On the part and behalf of the State of Delaware. 
Thos. McKean, Feb. 13, 1779. Nicholas Van Dyke. 
John Dickinson, May 5, 1779. 

0?i the part and behalf of the State of Maryland. 
John Hanson, March 1, 1781. Daniel Carroll, do. 

On the part and behalf of the State of '[^rginia, 
Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the State of North Carolina. 
John Penn, July 21, 1778. Jno. Williams. Corns. Harnett. 

On the part and behalf of the State of South Carolina. 
Henry Laurens, Richard Hutson, 

William Henry Drayton, Thos. Heyward, Jun. 
Jno. Mathews, 

On the part and behalf of the State of Georgia. 
Jno. Walton, July 24, 1778. Edwd. Langworthy. 
Edwd. Telfair, 



APPENDIX. 



A SUMMARY STATEMENT OF THE FORMATION OF THE STATE 
GOVERNMENTS, AND OF THE ADMISSION OF THE NEW 
STATES INTO THE UNION. 



NEW HAMPSHIRE. 

New Hampshire was embraced within the charters of Mas- 
sachusetts, and remained under her jurisdiction until a separate 
charter was granted to New Hampshire, September 18, 1679, 
and a separate government was established under it. 

A Constitution for the State was formed by the people 
thereof, January o, 1776. 

This Constitution was formed and adopted in accordance 
with a recommendation of the Continental Congress, November 
3, 1775. (3 Hildreth's History of the United States, 125.) 

New Hampshire ratified the Constitution of the United 
States, June 21, 1788. 

MASSACHUSETTS. 

Massachusetts was settled by emigrants under the compact 
of November 3, 1620. She received her several charters at 
the following different dates: — March 4, 1629; January 13, 
1630; August 20, 1726; and October 7, 1731. 

Formed a Constitution for the State, March 2, 1780. 

Hatified the Constitution of the United States, February 6, 
1788. 



264 APPENDIX. 



RHODE ISLAND. 

Rhode Island was included within the charters of Massa- 
chusetts, and remained under her jurisdiction until a separate 
charter was granted to Rhode Island, July 8, 1662. 

This charter continued in force until a Constitution was 
formed for the State in September, 1842. 

Rhode Island ratified the Constitution of the United States, 
May 29, 1790. 

CONNECTICUT. 

Connecticut was included within the charter limits of Mas- 
sachusetts until she received a separate charter, April 23, 1662. 

Connecticut formed a Constitution for the State, September 
15, 1818. 

Ratified the Constitution of the United States, January 9, 
1788. 

NEW YORK. 

New York was granted to the Duke of York by patents 
having the following dates, viz.: March 20, 1664; April 26, 
1664; June 24, 1664; and February 9, 1674. 

A State Constitution was formed, April 20, 1777. 

New York ratified the Constitution of the United States, 
July 26, 1788. 

NEW JERSEY 

New Jersey was included within the grants to the Duke 
of York, but was separated into East and West Jersey, March 
o, 1677. The government was surrendered to the crown in 
1702. 

A State Constitution was formed, July 2, 1776. 

Ratified the Constitution of the United States, December 
18, 1787. 



APPENDIX. 265 



PENNSYLVANIA. 

Pennsylvania was granted by charter to William Penn, 
February 28, 1681. 

A State Constitution was formed, September 28, 1776. 

Ratified the Constitution of the United States, December 
12, 1787. 

DELAWAKE. 

Delaware was embraced within the charter to Penn, 
and remained under the government of Pennsylvania until the 
formation of a Constitution. 

A Constitution for the State government was formed, Sep- 
tember 20, 1776. 

Ratified the Constitution of the United States, December 
7, 1787. 

MARYLAND. 

Maryland was granted by charter to Lord Baltimore, June 

20, 1632. 

A State Constitution was formed, August 14, 1776. 
Ratified the Constitution of the United States, April 28, 1788. 

VIRGINIA. 

Virginia was granted to a company oy two charters, one 
dated April 10, 1606, the other, March 12, 1612. 
A State Constitution was formed, July 5, 1776. 
Ratified the Constitution of the United States, June 26, 1788. 

NORTH CAROLINA. 

North Carolina was granted to Lord Clarendon by two 
charters, the one of March 20, 1663, the other of June 30, 1665. 
A State Constitution was formed, December 18, 1776. 
Ratified the Constitution of the United States, November 

21. 1789. 

12 



266 APPENDIX. 



SOUTH CAROLINA. 

South Carolina was included within the charters of 
North Carohna, but was separated from it in 1729. 

A State Constitution was formed, March 26, 1776. 

Ratified the Constitution of the United States, May 23, 
1788. 

GEORGIA. 

Georgia was granted by charter to a company of twenty- 
one persons, June 9, 1732. 

A State Constitution was formed, February 5, 1777. 

Ratified the Constitution of the United States, January 2, 
1788. 



Note. — The following short extract from the History of the Consti+a- 
tion is given, because of its application to the facts which have been men- 
tioned in the formation of the State governments. 

" The fact that these local or State governments were not formed until 
a union of the people of the different Colonies for national purposes had 
already taken place, and until the national power had authorized and rec- 
ommended their establishment, is of great importance in the constitutional 
history of this country ; for it shows that no Colony, acting separately for it- 
self, dissolved its own allegiance to the British crown, but that this allegiance 
was dissolved by the supreme authority of the people of all the Colonies, 
acting through their general agent, the Congress, and not only declaring 
that the authority of Great Britain ought to be suppressed, but recommend- 
ing that each Colony should supplant that authority by a local government, 
to be framed by and for the people of the Colony itself." — 1 Curtis's His- 
tory of the Constitution, 39, 40. 



APPENDIX. 267 



NE¥ STATES. 



VERMONT. 

Vermont was claimed as belonging to both New Hampshire 
and New York. A large part of the land was granted by the 
Colonial Governors of New Hampshire. The territory was 
claimed by New York, but the people never submitted to her 
jurisdiction. 

Vermont, with the assent of New York, was admitted into 
the Union by an Act of Congress, March 4, 1791. 

KENTUCKY 

Kentucky was formed from the territory of Virginia, the 
Legislature of that State having given its consent by the Act 
of December 18, 1789. 

Kentucky was admitted into the Union, June 1, 1792. 

TENNESSEE. 

Tennessee was formed from territory ceded to the United 
States by the State of North Carolina. It was organized as 
a Territory, May 26, 1790. 

Tennessee was admitted as a State, June 1, 1796. 

OHIO. 

Ohio was a part of the territory ceded to the United States 
by Virginia and Connecticut. It was first organized as a 
territorial government under the Ordinance of 1787, by an 
Act of Congress approved August 7, 1789. It was reorganized 
as a separate government, May 7, 1800. 

Ohio was admitted as a State, November 29, 1802. 



268 APPENDIX. 



LOUISIANA. 



Louisiana is a part of the territory purchased by the 
United States, and ceded by France, by the treaty of April 
30, 1803. It was first organized into two Territories by the 
Act of March 26, 1804, called the Territory of Orleans and 
the District of Louisiana. 

A subsequent Act, March 2, 1805, authorized the people 
to form a Constitution and a State government when their 
population amounted to 60,000. 

Louisiana was admitted as a State, April 8, 1812. 

INDIANA. 

Indiana was formed out of the territory of the United States 
known as the Northwest Territory. 

It was first organized as a Territory by the Act of May 
7, 1800. The Territory was divided into two governments by 
the Act of January UL, 1805, and was again divided, by the 
Act of February 3, 1809, into the Territory of Indiana and 
the Territory of Illinois. 

Indiana was admitted as a State, December 11, 1816. 

MISSISSIPPI. 

Mississippi was formed from the territory of the United 
States, ceded by the State of South Carohna, August 9, 1787, 
and by the State of Georgia, April 24, 1802, under the Acts of 
Congress of April 7, 1798, May 10, 1800, and March 27, 1804. 

It was admitted as a State, December 10, 1817. 

ILLINOIS. 

Illinois was included under the territorial limits of Indiana 
until the Act of February 3, 1809, when it became a separate 
Territory. By the Act of February 27, 1815, the western 



APPENDIX. 269 

l^oundary of Illinois was extended to the middle of the Mis- 
sissippi. 

Illinois was admitted as a State, December 3, 1818. 

ALABAMA. 

Alabama was included within the territorial limits of Mis- 
sissippi until it was formed into a separate Territory by the 
Act of March 3, 1817. 

It was admitted as a State, December 14, 1819. 

MAINE. 

Maine was embraced within the territory of Massachusetts, 
and remained under her jurisdiction, until 1820. According 
to an Act of March 3, 1820, concurred in by the State of 
Massachusetts, Maine, from and after the 15th of March, 
1820, was declared and admitted as a State of the Union. 

MISSOUEI. 

Missouri was for a while included within the territorial 
limits of the District of Louisiana, and was under the jurisdic- 
tion of the Governor and Judges of Indiana Territory. By 
the Act of June 4, 1812, it was formed into a separate Terri- 
tory under the name of Missouri, and by a subsequent Act, 
March 2, 1819, it was divided, and the southern part formed 
into a Territory, under the name of Arkansas. 

It was admitted as a State under the Missouri Compromise 
Act, August 10, 1821. 

AEKANSAS. 

Arkansas was for a time embraced within the limits of the 
District of Louisiana, and was a part of the Territory of Mis- 
souri until the Act of March 2, 1819, by which it was estab* 
lished as a separate Territory. 



270 APPENDIX. 

It became a State by tbe Act of June 15, 1836, witliout a 
previous Act authorizing the people to form a Constitution. 

MICHIGAN. 

Michigan was formerly included in tbe Northwest Terri- 
tory, and afterwards embraced within the Indiana Territory. 
By the Act of January 11, 1805, it was made a separate 
Territory. The territory north of Missouri and west of the 
Mississippi River was attached to the Territory of Michigan 
by the Act of June 28, 1834. 

Michigan was admitted as a State, January 26, 1837. 

FLORIDA. 

Florida was ceded to the United States by Spain, by the 
treaty of February 22, 1819. 

A territorial government was established by the Act of 
March 30, 1822, and by the Act of March 3, 1823, East and 
West Florida were made one Territory. 

Florida was admitted as a State, March 3, 1845. 

TEXAS. 

Texas was formerly one of the states of Mexico ; but having 
established her independence and become a republic, a treaty 
was negotiated between the United States and Texas for her 
admission into the Union. This treaty was not ratified by the 
Senate. By a joint resolution for her annexation to the 
United States, and by a subsequent joint resolution for her 
admission into the Union, Texas became one of the United 
States, December 29, 1845. 

It is provided in the resolution of annexation, that four new 
States, of convenient size, may be formed out of the territory 
of the State of Texas, and admitted into the Union. 



APPENDIX. 271 

WISCONSIN. 

Wisconsin was included within the territorial limits of 
Michigan until April 20, 1836, when it became a separate 
Territory. 

It was admitted into the Union, March 3, 1847. 

IOWA. 

Iowa was a part of Wisconsin until June 12, 1838, at which 
time she became a separate Territory. 

It was admitted as a State, December 28, 1846. 

CALIFORNIA. 

California is a part of the territory ceded to the United 
States by Mexico, by the treaty of February 2, 1848. 
It was admitted as a State, September 9, 1850. 

MINNESOTA. 

Minnesota was a part of the Louisiana Territory. A sep- 
arate territorial government was established by the Act of 
March 3, 1849. 

It was admitted into the Union, May 11, 1858. 

OREGON. 

Oregon was also a part of the Louisiana Territory ceded by 
France, and a separate territorial government was organized, 
August 14, 1848. 

Oregon became a State, February 14, 1859. 

KANSAS. 

Kansas was a part of the Territory of Louisiana, and was 
organized into a territorial government in connection with the 
Territory of Nebraska, May 22, 1854. 

Kansas was admitted into the Union, January 29, 1861. 



272 APPENDIX. 

NEVADA. 

Nevada is made up of the western part of Utah, and the 
eastern part of California, including the beautiful Carson 
Valley. 

It was organized by the Act of March 2, 1861. Admitted 
as a State, October 31, 1864. 

NEBRASKA. 

Nebraska is a part of the Louisiana purchase, and was 
organized with Kansas, May 22, 1854. Admitted as a State, 
March 1, 1867. 



INDEX TO THE CONSTITUTIOK 



Const. Man. 
Absent members, attendance of, may be compelled by a less 

number than a quorum ....... 14 63 

Accept, of any present, emolument, office, or title, &c., no per- 
son holding office under the United States shall, without 

the consent of Congress, from, &c 19 91 

Account of receipts and expenditures shall be published . 19 90 
Acts, records, and judicial proceedings of every State, shall 

have full faith and credit in other States . . . .26 120 
Adjourn from day to day, a smaller number than a quorum 

may 14 65 

neither house may, for more than three days, without 

the consent of the other 15 66 

Adjournment, in the case of disagreement between the two 

houses, the President may adjourn them, &c. . . .24 104 
Admiralty and maritime jurisdiction, the judicial power shall 

extend to 25 110 

Admitted, new States may be, by Congress .... 26 123 
Advice and consent (see Senate). 
Affirmation (see Oath). 

Age, of 25 years, a representative in Congress must have at- 
tained the . . . 12 54 

of 30 years, a Senator must have attained the . . 13 61 
of 35 years, required for eligibility to the office of Presi- 
dent or Vice-President 22 99 

Agreement or compact, no State shall enter into with another 

State or foreign power, without, &c 

Alliance, no State shall enter into ..... 

Ambassadors and other public ministers, the President shall 

nominate, &c 

foreign, the President shall receive . 
the judicial power shall extend to all cases affect- 
ing . . . 25 111 



20 


91 


20 


91 


23 


102 


24 


104 



15 


67 


21 


95 


23 


102 


18 


83 


20 


95 



274 INDEX TO THE CONSTITUTION. 

Const. Man, 

Amendments to the Constitution . 33 132 

Amendments to the Constitution, two thirds of hoth houses of 
Congress may propose ; or on the application of two thirds 
of the States, shall call a convention for proposing ; must 
be ratified bj the legislatures or conventions of three 
fourths of the States ; shall not deprive a State of its equal 

suffrage in the Senate 27 126 

Appointed, no Senator or Representative shall be, during the 
term for which he was elected, to any civil 
office created during such term 
nor shall he be an elector of President 
Appointments, the President shall nominate, and by and with 
the advice and consent of the Senate, ap- 
point all fedei'al officers except, &c. 
of oflBcers of the militia, reserved to the States 

of electors of President, &c 

the President shall have power to fill all vacan- 
cies that may happen during the recess of 

the Senate 23 104 

Apportioned, representatives and direct taxes to be among the 

several States, according to jjopulation .12 55 

Representatives shall be, among the several States, 
according to their respective numbers, count- 
ing the whole number of persons in such 
State, except Indians, &c . . . . 12 55 
Appropriation of money for the army shall not be made for 

more than two years 18 83 

Appropriations, no money shall be drawn from the Treasury 

but in consequence of, made by law 19 90 

Approved, every bill, resolution, or vote (of the two houses) 
must be, by the President, or, being disapproved, passed 
by two third's vote, before taking effect, except votes for 
adjournment .,..-.... 

Armies, Congress shall have power to raise and support 
Arming and disciplining the militia. Congress may provide for 
Arms, the right to keep and bear shall not be infringed . 
Ai'my, Congress may make rules and regulations for the 

the President shall be commander-in-chief of 
Arrests, Senators and Representatives shall, in all cases, except 
treason, felony, and breach of the peace, be privileged 
from, during, &c. . . . . . . . .15 

Arsenals, Congress has exclusive legislation over . 



16 


69 


18 


82 


18 


83 


33 


133 


18 


83 


23 


101 


15 


67 


18 


87 



inst. 


Man. 


17 


80 


14 


64 


33 


132 


19 


89 


20 


91 


26 


117 


14 


65 


17 


80 


35 


116 


35 


97 



INDEX TO THE CONSTITUTION. 275 



Arts, useful, and science. Congress may promote the progress of 
Assemble, Congress shall, at least once every year . 

Congress shall make no law abridging the right of 

the people peaceably to 

Attainder, no bill of, or ex post facto law shall be passed 

no State shall pass any bill of 

of treason, not to work corruption of blood, &c. . 
Attendance, less than a quorum of either house may compel 
the, of absent members ....... 

Authors, may be secured the exclusive right to their writings 

Bail, excessive, shall not be required 

Ballot, the electors shall vote by, for President, &c. 

the House of Representatives, in electing a President, 

shall vote by 35 97 

Bankruptcies, Congress shall have power to establish uniform 

laws on the subject of " 

Bill of attainder, [no] or ex post facto law shall be passed 

no State shall pass 

every bill which shall have passed the two houses shall, 
before it become a law, be presented to the Presi- 
dent, &c 

if not returned in ten days, becomes a law . 

Bills of credit, no State shall enact 

Bills [all] for raising revenue shall originate in the House of 

Representatives 

but the Senate may amend , . . . . 
Borrow money. Congress shall have power to . 
Bribery, all civil officers shall be removed from office on im- 
peachment for and conviction of 24 105 

Business, a majority of each house shall constitute a quorum 

to do . , 14 65 

Capital crime, no person to be held to answer for but on pre- 
sentment or indictment of a grand jury . . . . 34 114 

Capitation tax not to be laid, except in proportion to the fed- 
eral census . . . . 

Captures, Congress may make rules concerning . 

Cases to which the judicial power extends, 3d art. sec. 2 . 

Census, to be taken every ten years . , . . . 

Citizen of the United States, no person to be representative 

who has not been seven years a . . , ,12 54 



17 


77 


19 


89 


20 


91 


16 


69 


16 


69 


20 


91 


16 


68 


16 


68 


17 


74 



19 


90 


18 


82 


24 


110 


12 


55 



276 



INDEX TO THE CONSTITUTION. 



22 99 



137 



137 



38 140 



26 
24 



121 
105 



38 138 



60 



Const. Man. 
Citizen no person to be Senator who has not been nine years a 13 61 
no person shall be President or Vice-President except 
natural born citizens . . . 
Citizens of the United States, all persons born or naturalized 
in the United States, and subject to the jurisdiction 

thereof shall be 37 

Citizens, privileges and immunities of, not to be abridged in 

any State . .37 

right to vote, shall not be denied or abridged by the 

United States or any State, &c 

Citizens of one State entitled to privileges of citizens in other 

States 

Civil officers, to be removed by impeachment 

Claim for the loss or emancipation of any slave within the 

United States or any State, shall assume or pay any 
Classes, Senators to be divided into three, one third to go out 

each Congress 13 

Coin, no State shall make anything but gold and silver coin a 

legal tender 

Coin money, Congress may . 

Commander-in-chief, the President shall be of the army and 
navy and the militia in service of the United States . 

Commerce, Congress may regulate 

Commissions, to be issued by the President 
Common defence, the Constitution established to provide for 
Congress shall have power to provide for 
Common law, in suits at, trial by jury shall be preserved 
Compact, no State to enter into with other States, &c. 
Compel, the attendance of absent members, less than a quorum 

of each house may 

Compensation, of President to be fixed by law, and not in^ 
creased or diminished, &c. 
members of Congress to be fixed by law 
judges, to be fixed by law, and not diminished 
shall be made for private property taken for 

public use 

Confederation, no State shall enter into any . . 
Confronted, accused thall have the right to be, with witnesses . 
Congress, all legislative power vested in ... . 

shall consist of Senate and House of Representatives 
elections of members and Senators .... 
shall assemble at least once a year 



20 


91 


17 


78 


23 


101 


17 


75 


24 


104 


11 


49 


17 


71 


34 


116 


20 


91 



14 65 



22 


100 


15 


66 


24 


107 


34 


114 


20 


91 


34 


115 


11 


50 


11 


50 


14 


64 


14 


64 



14 


65 


14 


65 


15 


65 


15 


66 


16 


68 


16 


69 


15 


66 


17 


71 



INDEX TO THE CONSTITUTION. 277 

Const. Man. 

Congress, each bouse shall judge of the elections, &c. of its 

members . . 14 

and determine its rules 

shall keep a journal, &c. ...... 

neither house shall adjourn for more than three days 
without the consent of the other house, or to a 

different place 

bills for raising revenue shall originate in the House 

of Representatives 

bills having passed, both houses, shall be presented to 

the President, &c 

yeas and nays shall be entered on the journal when 

required by one fifth of the members present 
shall have power to, &c. ..... 

shall have power to enforce the Xlllth, XlVth, and 

XVth Articles of Amendment . . 37-38,136-141 

powers derived 35, 135 - 137 

Constitution of the United States, and the laws and treaties 
made in pursuance of it, the supreme law of 

the land 28 128 

mode of amendment 27 126 

Contracts, no State shall pass a law impairing the obligation 

of 20 91 

Convene, Congress, President may convene one or both houses 

of Congress 

Counterfeiting, Congress may punish 

Courts, Congress may constitute inferior 

Courts of Law, Congress may invest, with the appointment of 

inferior officers 

the judicial power of the United States vested 

in . 24 107 

Credit, Congress may borrow money on . . . . 1 7 74 

no State shall emit bills of 20 91 

shall be given in each State to the public acts, &c. of 

other States 26 120 

Crimes, trial of, shall be by jury, except cases of impeach- 
ment 25 111 

no person shall be held for trial for a second time . 34 114 
Criminal prosecutions, rights of parties to speedy trial, »&c. . 34 115 

Debate, in Congress, not to be questioned elsewhere . .15 67 
Debt of the United States, validity shall not be questioned . 38 138 



24 


104 


17 


79 


17 


82 


23 


102 



38 


138 


17 


71 


20 


91 


23 


101 


26 


122 


26 


123 


23 


101 


23 


103 


12 


55 


38 


138 


18 


87 


27 


125 


17 


71 


17 


71 



278 INDEX TO THE CONSTITUTION. 

Const. Man. 
Debt of the United States, or obligation incurred in aid of in- 
surrection or rebellion against 
the United States shall be held 
illegal and void 
Debts, of the United States, Congress has power to pay 

no State shall make anything but gold and silver coin a 

tender to pay 20 

Defend, the Constitution, President sworn to . . . 
Delivered up, fugitives from justice, to be 

pei'sons held to service, to be . 
Departments, President may require opinions of the heads of 

may be invested with appointments . 
Direct taxes, to be apportioned according to federal numbers 
Disabilities of persons engaged in the rebellion 
District, for seat of government. Congress may exercise exclu- 
sive legislation over ........ 

Domestic violence, United States to protect States against . 
Duties and imposts. Congress may levy and collect . 

shall be uniform ..... 

Duties on imports, no State shall, without the consent of Con- 
gress, lay 20 91 

Election of President and Vice-President to be by electors, see 

art. 2, sec. 1 20 97 

Elections, times and places of holding, for members of Con- 
gress, art. 1, sec. 4 . . . . . . . 

Electors, of Representatives to Congress .... 

of President and Vice-President . . . . 

Eligibility for the office of President, no person except a natu- 
ral born citizen, and 35 years of age . 
of senators, 9 years a citizen, and 30 years of age 
representatives, 7 years a citizen, and 25 years of 

age 

Enumeration of inhabitants, to be made every ten years 
Equal suffrage in the Senate, no State to be deprived of . 
Escape of criminals, to be delivered up .... 

persons held to service, to be delivered up 
Establishment of religion, Congress shall make no law respect- 
ing •. • • 

Excessive bail shall not be required ..... 

Excises, Congress may lay 

Exclusive rights to authors and inventors .... 



14 


64 


11 


52 


35 


97 


22 


99 


13 


61 


12 


54 


12 


55 


28 


127 


26 


123 


26 


123 


33 


132 


35 


116 


17 


71 


17 


80 



INDEX TO THE CONSTITUTION. 279 

Const. Man. 
Exclusive legislation, to be exercised by Congress at the seat of 

government 18 87 

Executive of a State may make temporary appointments of 

Senators to fill vacancies 13 60 

and issue writs for election of Representatives . 12 57 
Executive ofiicers, both of the United States and of the several 
States, bound by oath to support the Constitution of the 

United States 28 128 

Executive power, vested in a President of the United States 20 94 

departments. President may consult heads of . . 23 101 
Expel, a member, the Senate or House of Representatives have 

power to 1.5 65 

Ex post facto law, or bill of attainder, not to be passed . 19 89 

no State shall pass 20 91 

Extraordinary occasions, on, the President may convene either 

or both houses of Congress 24 104 

Expenditures, to be published 19 90 

Exports, not to be taxed 19 90 

Felonies and piracies on the high seas. Congress may define and 

punish 17 82 

Fines, excessive shall not be imposed 35 116 

Foreign coin. Congress may fix the value of . . . .17 78 
nations. Congress may regulate commerce with . 17 75 
Forfeiture for treason, not to extend beyond the life of the per- 
son attainted 26 124 

Forts, Congress shall have exclusive legislation over . . 18 87 

Freedom of speech and of the press, shall not be abridged . 33 132 

Fugitives from justice, to be delivered up . . . . 26 122 

labor, not to be discharged, but delivered up . 26 123 

General welfare, the Constitution established to promote . .11 49 

Congress shall have power to provide for . 17 71 
Gold and silver coin, no State shall make anything but, a legal 

tender 20 91 

Good behavior, judges to hold ofiice during . . . . 24 107 

Government, seat of . . . 18 87 

of the United States, Congress has the legislative 

power of 11 50 

Grand jury, no person shall be held to answer, &c., but on pre- 
sentment of 34 114 

Grant reprieves and pardons, the President may . . . 23 101 



19 


88 


23 


101 


11 


52 


16 


68 



12 


57 


14 


65 


14 


65 


15 


65 


24 


104 



28Q INDEX TO THE CONSTITUTION. 

Const. Man. 
Guaranty, the United States shall, to every State in this Union, 

a republican form of government 27 125 

Habeas corpus, privilege of, not to be suspended except-, &c. 

Heads of departments. President may consult 

House of Kepresentatives, members to be chosen every second 

year 

to originate all revenue bills 

may choose their Speaker and other 

officers 12 57 

shall have the sole power of impeach- 
ment 

shall be the judge of the election, &c. 
may determine its rules . 
shall keep a journal, &c. 
Houses of Congress, President may convene .... 
may propose amendments to the Consti- 
tution 27 126 

Houses, the right of the people to be secure in their houses, &c., 

shall not be violated . . 33 134 



Immunities, citizens of each State entitled to, in the several 
States .......... 

Impeachments, sole power of, in House of Representatives . 

Senate to try 

civil officers liable to .... . 
Imposts, Congress may levy, to be uniform .... 

(See Duties.) 
Importations of persons not to be prohibited till 1808 
Inability, of the President to perform his duties, provided for 
Indians, not taxed, excluded from federal representation . 

tribes. Congress may regulate commerce with 
Inferior courts. Congress has power to establish 
Inhabitant, a representative in Congress shall be, of the State 
he represents ....... 

same of a Senator . ' 

Insurrections, to be suppressed by the United States, on appli- 
cation of the State authorities ...... 

Invasion, the United States shall protect each State against 
Invasions, Congress may suppress . . . . . . 

Inventors, to be secured their rights 



26 


121 


12 


57 


13 


62 


24 


105 


17 


71 


19 


87 


22 


101 


12 


55 


17 


75 


17 


82 


12 


54 


13 


61 


27 


125 


27 


125 


18 


83 


17 


79 



Const. 


Man. 


34 


114 


3 15 


66 


23 


102 


. 24 


107 



26 


120 


24 


110 


34 


116 


34 


115 


26 


122 



INDEX TO THE CONSTITUTION. 281 



Jeopardy, no person to be twice put in, for same offence 
Journals, to be kept and published by both houses of Congress 
Judges, to be appointed by the President and Senate . 
tenure of office of, during good behavior 
in every State bound by the Constitution, laws, &c. of 

the United States 28 128 

Judicial power, vested in a Supreme Court and such inferior 

courts as Congress may establish 24 107 

Judicial proceedings, full faith and effect to be given in each 

State to those of another 

Jurisdiction of United States courts, see art. 3, sec. 2 . 
Jury, trial by, at common law secured .... 

in criminal prosecutions secured .... 
Justice, fugitives from, to be delivered up . 

Labor, persons held to, escaping, not to be discharged, but to be 

delivered up to the person to whom due . . . . 26 123 
Land and naval forces. Congress to make rules for government 

of 18 83 

Law of nations. Congress has power to define and punish of- 
fences against the . . , . . . . 17 82 
ex post facto, shall not be passed . . . . 19 . 89 

no State shall pass 20 91 

Law and Equity, the judicial power to extend to all cases in, &c. 24 1 10 

Tact 21 110 

Laws of the United States, shaU be the supreme law of the 

land . 28 128 

Congress shall have power to make all laws necessary 

and proper, &c. . 18 87 

the President shall take care that the laws be faithfully 

executed 24 104 

of the States subordinate to those of the United States 28 128 

Legislative power, vested in Congress 11 50 

Legislatures of each State, to choose Senators ... 13 59 
members of, shall be bound to support the Con- 
stitution 28 128 

Letters of marque and reprisal may be granted . . . 17 82 

no State shall grant 20 90 

Liberty, Constitution established to secure . . . . 11 49 
no person to be deprived of, but by due process of 

law 34 114 

Life, or property, same . 34 114 



282 INDEX TO THE CONSTITUTION. 

Const. Man. 

Majority, to constitute a quorum 14 65 

of whole number of Electors necessary to elect Presi- 
dent or Vice-President . . . .- ^ . 21 97 
of all the States, to choose President by House of 

Representatives 

Maritime jurisdiction vested in the Supreme Court 
Marque and reprisal, Congress may grant letters of . 

no State shall 

Measures and weights, Congress shall fix standard of 
Measures, President shall from time to time recommend, &c. 

Meet, Congress shall once a year 

Meeting of Congress, first Monday in December . 

Migration, &c. See Importation 

Militia, Congress may call forth, organize, &c. 

President, commander-in-chief, when in actual service 
a well-regulated, necessary to the security of a free 

State 33 133 

Ministers, public. See Appointments. 

the President shall receive . . 
Misdemeanors, civil. officers to be removed on conviction of. 

Money, Congress may coin 

Congress may borrow 

not to be drawn from the Treasury but by appropria- 
tion by law ........ 19 

no State shall coin 



21 


98 


25 


liO 


17 


82 


20 


91 


17 


78 


24 


104 


14 


64 


14 


64 


19 


87 


18 


83 


23 


101 



24 


104 


24 


105 


17 


78 


17 


74 


19 


90 


20 


91 


17 


77 


18 


83 


18 


83 


23 


101 


26 


123 


19 


91 


20 


91 



Naturalization, Congress may establish rules of 

Naval forces, Congress to make rules for .... 

Navy, Congress may provide and maintain 

the President shall be commander-in-chief of 
New States, may be admitted into the Union . 

Nobility, no title of, to be granted 

no State shall grant .... 
Nominations of officers to be made by the President and con- 
firmed by the Senate 23 102 

Oath, of the President 23 101 

Oath, or affirmation, all legislative, executive, or judicial offi- 
cers of the United States, or the States, to be bound by, to 

support this Constitution 28 128 

Obligation of contracts, no State shall impair . . . 20 91 



INDEX TO THE CONSTITUTION. 



283 



Const. 
Offences, against the law of nations, may be defined and pun- 
ished by Congress 17 

President may pardon 23 

Office, civil, no member of Congress to be appointed to, when 

created during the time for which he was elected . 15 
no person holding, under the United States, to be a 

member of either house of Congress . . .15 

( 12 

Officers, each house to elect its own i t^j 

of the United States shall be appointed by the Presi- 
dent by and with the advice and consent of the 

Senate (exceptions) 23 

of Militia, appointment of, reserved to the States . 18 
of the United States, the President shall commission 

all the 24 

all civil, shall be removed by impeachment . . 24 

to be bound by oath 28 

Opinion, the President may require the, of the heads of depart- 
ments 23 

Original jurisdiction of Supreme Court . . . . 25 
Originate, bills for raising revenue shall, in the House of Rep- 
resentatives . 16 

Overt act, in cases of treason 25 



Man. 

82 
101 

67 

68 
13 
62 



102 

83 

104 
105 

128 

101 
111 

68 
117 



Pardons, President may grant . . . . ^ . . 

Patent-rights, may be secured by Congress .... 

Pay the debts of the United States, Congress may . 

Pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the 
loss or emancipation of any slave, neither the United States 
nor any State shall assume or 

Payment of debts, no State shall make anything but gold and 
silver coin a tender for the 

People, of the United States, ordain and establish the Consti 

tution 

enumeration of, to be made every ten years 

Petition, right of, not to be abridged ..... 

Piracies, Congress may define and punish .... 

Ports, no preference to be given to those of any State 

Post-offices and post-roads, Congress may establish 

Power of impeachment, in the House of Representatives . 

to try impeachments, in the Senate .... 



23 101 
17 80 
17 71 



38 138 



20 91 



11 


49 


12 


55 


33 


132 


17 


82 


19 


90 


17 


79 


12 


57 


13 


62 



284 INDEX TO THE CONSTITUTION. 

Const. Man. 
Power, executive, vested in the President . . . . 20 94 

judicial, in Supreme and inferior courts . . . 24 107 
legislative, in Congress . . . . . . . 11 50 

Powers, not delegated to the United States by the Constitu- 
tion, nor prohibited by the States, are reserved to the 

States or people 35 135 

President of the United States, executive power vested in . 20 94 

to sign bills, &c 16 69 

President of the Senate, the Vice-President of the United States 

shall be the 13 61 

President pro fewijoore. Senate may choose . . . . 13 62 

President of the United States, how chosen . . . . 21 97 

no person except a natural born citizen eligible to the 

office of 22 99 

in case of his removal, death, resignation, or inability 22 1 00 

his compensation 22 100 

his oath 23 101 

commander-in-chief of the army and navy . . 23 101 
has power to make treaties, two thirds of the Senate 
concurring, and, with the advice of the Senate, 
to appoint public ministers, and all the officers, 
&c., and to fill vacancies that may happen . 23 103 

he shall give Congress information of the state of 
the Union, and recommend such measures as he 

may deem necessary, &c 24 104 

shall be removed from office by impeachment and 

conviction, &c 24 105 

Press, Congress shall make no law abridging the freedom of, 

or of speech 33 132 

Private property not to be taken without compensation . 34 1 14 

Privilege of members of Congress from arrest in civil cases .15 67 

of the writ of habeas corpus shall not be suspended, 

except in cases, &c 19 38 

Privileges and immunities, the citizens of each State shall have, 

in the several States 26 121 

Proceedings of each house to be kept and published, except, &c. 15 66 
Process of Law, no person to be deprived of life, liberty, or 

property, without due 34 114 

Property and effects, the right of the people to be secure in . 33 134 
private, not to be taken for public use, without just 

compensation 34 114 

of the United States, Congress may dispose of . 27 124 



INDEX TO THE CONSTITUTION. 285 



Protect, the United States shall, each State against invasion 
Provide, for the common defence ...... 

Public acts, records and proceedings of States to have faith and 

credit in other States 

Public ministers. See Appointments, President, &c. . 

Publish, each house its journal 

Punish its members, each house may, for disorderly conduct 

Punishment, of counterfeiting 

of treason 

Punishments, cruel and unusual, not to be inflicted . 

Qualifications of Senators, 9 years' citizenship and 30 years of 



nst. 


Man, 


27 


125 


17 


71 


26 


120 


23 


102 


15 


66 


14 


65 


17 


79 


26 


117 


35 


116 



13 61 



22 


99 


28 


128 


14 


65 


11 


52 


35 


97 


33 


134 



Eepresentatives, 7 years citizenship and 25 

years of age . . . . . . 12 54 

President, natural born citizen, 35 years of 

age 

Qualification to office, no religious test shall ever be required 

of its members, each house of Congress to judge of 

for electors of representatives to Congress, same 

as for electors to the most numerous branch 

of the State Legislature .... 

for Vice-President, same as President 

Quartered, no soldier shall be, in time of peace, &c. 

Questioned, for any speech or debate in either house, they shall 

not be elsewhere ' . 15 67 

Questions, to be taken by yeas and nays, when required by one 

fifth of the members present 15 66 

Quorum, a majority shall constitute a, in either house of Con- 
gress 14 65 

of the House of Eepresentatives for the election of a 
President, shall consist of members from two 

thirds of the States 36 97 

of the Senate, to elect a Vice-President, shall consist 

of two thirds of the whole . . . . 36 98 

Ratification of amendments to the Constitution . . . 28 131 
Eebellion, certain persons who have engaged in, disfranchised 

from holding certain offices , . . . 38 138 

debts incurred in aid of, illegal and void . . 38 138 
Receipts and expenditures of the public money to be published 

from time to time . . 1 9 90 



286 INDEX TO THE CONSTITUTION. 

Conrt. Man. 

Eeconsidered, bills, &c., returned by the President, shall be . 16 69 
Kecords, &c., full faith and credit shall be given to, in each 

State, &c 26 120 

Eedress of grievances, right to assemble and petition for . 33 132 
Regulations, for the election of Senators and Representatives .14 64 
Religion, Congress shall make no law respecting the establish- 
ment of . . . . 33 132 

Religious test shall not be required 28 128 

Removal, of the President, in case of, to devolve on Vice-Presi- 
dent 22 99 

Removed, all civil officers shall be, bj impeachment, &c. . 24 105 

Representation. See Vacancies. 

Representatives, shall be 25 years of age and 7 years a citizen 

and an inhabitant of the State . .12 54 

shall be chosen every second year . . 11 52 

House of, see art, 1, sec. 3 . . . . 37 137 

to originate money bills . . . . 16 68 

and direct taxes to be apportioned among the 

States . . . . . . . 12 55 

each State shall have at least one . . 12 55 
Representatives, House of, shall have the sole power of im- 
peachment . . . . 12 57 

shall originate revenue bills . 16 68 

Reprieves, the President may grant 23 101 

Reprisal, Congress may grant letters of . . . . 18 82 

no State shall grant letters of 20 91 

Republican government, shall be guaranteed to every State in 

this Union 27 125 

Reserved powers, the powers not delegated .... 35 135 

Resignation of the President, in case of 22 99 

of Senators 13 60 

Returns, each house to judge of the, of its members . . 14 65 
Revenue, all bills for raising, to originate in the House of 

Representatives. 16 68 

Right of the people peaceably to assemble . . . . 33 132 

to keep arms 33 133 

Right of the people to be secure in their persons, houses, papers, 

and effects 33 134 

to trial by jury 34 1 1 5 

Rights, patent and copy, may be secured 1 7 80 

of domestic security 1149 

Roads, Congress may establish post 17 79 



INDEX TO THE CONSTITUTION. 287 



Const. Man. 

Kules of proceedings, each house may determine . . . 14 6.5 

concerning captures, Congress may make 

Congress may make, for the land and naval forces 

of the common law, to be observed .... 



18 82 
18 83 



34 116 



17 80 



33 


134 


18 


87 


19 


89 


11 


49 


17 


79 


33 


134 



Science and the useful arts, Congress may promote the pro- 
gress of ........ . 

Searches and seizures, right of the people to be secure from 

unreasonable 

Seat of government. Congress to have exclusive legislation over 
Secure, the blessings of liberty, the Constitution established to 

the right of the people to be 

Securities and coin of the United States, Congress may punish 

the counterfeiting of 17 

Seizures, right of the people to be secure against unreasonable 
Senate of the United States, to be composed of two Senators 

from each State . . . 13 59 
Vice-President of the United 

States to be President of . 22 100 
may choose their other officers, 

and a President pro tempore 13 62 
shall have the sole power to try 

impeachments . . . 13 62 
shall be the judge of the election, 

of its members 
may determine its rules . 
shall keep a journal 
may amend revenue bills 
may advise and consent to treaties, 
two thirds concur- 
ring 
to appointments 
no State, without its consent, shall 
be deprived of its equal suf- 
frage in the . . . . 28 127 
shall choose the Vice-President in 
certain cases .... 

Senator each, shall have one vote 

must be 30 years of age, 9 years a citizen of the United 

States, and inhabitant of the State 
excluded from offices created, &c., during his term 
cannot be an elector of President . . . 



14 


65 


14 


65 


15 


66 


16 


68 


23 


102 


23 


102 



36 


98 


13 


59 


13 


61 


15 


67 


21 


96 



288 INDEX TO THE CONSTITUTION. 

Const. Man. 

Senators, divided into three classes 13 60 

shall be chosen by the legislature of each State for six 

years 

State Executives may fill vacancies 

time, place, and manner of election .... 

compensation of, to be fixed by law 

privileges and immunities 

shall be bound by oath to support the Constitution 
.Service, persons escaping from, to be delivered up . 
Services, Senators and Eepresentatives shall receive compen- 
sation for their 

the President shall receive, &c. .... 
the judges shall receive, &c. . . . . 

Servitude, involuntary, shall not exist 

Session, Congress shall assemble at least once a year 

during the, neither house to adjourn for more than 

three days, &c 15 

Ships of war, no State shall keep, in time of peace 

Signers of the Constitution 

Slavery shall not exist in the United States .... 

Slaves, emancipation of, not to be compensated 

Speaker and other officers, the House of Eepresentatives shall 

choose its 12 57 

Speech or debate, in either house, not to be questioned in any 

other place 15 

Congress shall make no law abridging the freedom of 
Standard of weights and measures, Congress may fix the 
State of the Union, President to give Congress information of 
State, no preference shall be given to the ports of any 
no State shall enter into any treaty, &c. 

shall lay any imposts, &c 

keep troops or ships of war, &c. . 
each State shall appoint electors of President, &c. 
the judicial power shall extend to controversies in which 

a State is a party, &c -, , 

but not when the State is defendant .... 
ftill faith shall be given in each State to the public acts, 

records, &c., of other States .... 26 120 

the citizens of each State shall be entitled to all the priv- 
ileges of citizens in the several States ... 26 121 
no State, without its consent, shall be deprived of its 

equal suffrage in the Senate . . . . 28 127 



13 


59 


13 


60 


14 


64 


15 


66 


15 


67 


28 


128 


26 


123 


15 


66 


22 


100 


24 


107 


37 


136 


14 


64 


15 


66 


20 


91 


29 




37 


136 


38 


138 



15 


67 


33 


132 


17 


78 


24 


104 


19 


90 


20 


91 


20 


91 


20 


91 


20 


95 


25 


110 


35 


117 



INDEX TO THE CONSTITUTION. 



289 



State, the United States shall guarantee to every State in this 

Union a republican form of government 
States, Congress may regulate commerce among the 

new, may be admitted by Congress into the Union 
Suffrage, no State to be deprived of its equal suffrage in the 

Senate 

Suits at common law, trial by jury to be preserved . 
Support the Constitution, all officers bound to 
Supreme Court, judicial power vested in, &c. . 

jurisdiction of 

Supreme law of the land 

Tax, capitation or other direct, how laid .... 

no tax or duty shall be laid on articles exported from any 

State 

Taxes, Congress shall have power to lay and collect . 

direct, and representatives to be apportioned among the 

several States 

Tender in payment of debts, no State shall make anything but 

gold and silver 

Territory, ceded for seat of government. Congress shall exer- 
cise exclusive legislation over 
and other property of the United States Congress 
may regulate and dispose of . 

Test, religious, not to be required 

Title of nobility, shall not be granted by the United States . 

nor by any State 

Tonnage, no State shall, without the consent of Congress, lay 

any duty of 

Treason against the United States shall consist only in levying 

war against them, &c. . . . 
Treasury, no money shall be drawn from the, but in conse- 
quence of appropriations made by law .... 
Treaties, the President shall have power, by the advice of the 
Senate, two thirds concurring, to make 
shall be the supreme law of the land 

no State shall enter into 

Trial, of all crimes, except in cases of impeachment, shall be 

by jury 

in criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial 
jury, &c 



Const. 


Man. 


27 


125 


17 


75 


26 


123 


28 


127 


34 


116 


28 


128 


24 


107 


25 


111 


28 


128 


19 


90 


19 


90 


17 


71 


12 


55 


20 


91 


18 


87 


27 


124 


33 


132 


19 


90 


20 


91 


20 


91 


25 


117 


19 


90 


23 


102 


28 


128 


20 


91 



25 111 



34 115 



290 INDEX TO THE CONSTITUTION. 

Const. Man. 
Tribunals, Congress may constitute, inferior to the Supreme 

Court 17 82 

Troops, no State shall keep, in time of peace . . . 20 91 

Uniform, all duties, imposts, and excises shall be . . . 17 71 
rules of naturalization, and laws of bankruptcies, 

Congress may establish 17 77 

Union, Constitution established to form a more perfect . 11 49 

new States may be admitted into this . . . .26 123 

Vacancies, when, happen in the representation of any State, 

the Executive shall issue writs of election . 12 57 
if, happen in the seats of Senators, the Executive 
may make temporary appointments, until the 
next meeting of the legislature, &c. . .13 60 
in the office of President, to be filled by the Vice- 
President, President pro tempore of the Senate, 
and the Speaker of the House of Representa- 
tives, successively 

when the President may fill ... . 
Validity of the debt of the United States shall not be ques- 
tioned 

Value of coin, Congress may regulate 

Vessels, bound to or from one State shall not be obliged to 
enter, clear, or pay duties in another .... 

Veto power, of the President ....... 

Vice-President of the United States, shall be President of the 
Senate, but shall have no vote, unless they 

be equally divided 13 61 

succeeds the President, in case of his remov- 
al, &c 

mode of election of the 

Vote, each Senator shall have one 

the right of citizens of the United States to, shall not be 

denied or abridged 38 140 

Votes of electors for President and Vice-President, how and 

where given, &c, 21 97 

Votes taken by States, in choosing the President by the House 

of Representatives 21 97 

War, Congress shall have power to declare , . . . 1 7 82 
no State shall engage in, unless, &c 20 92 



22 


100 


23 


104 


38 


138 


17 


78 


19 


90 


16 


69 



22 


100 


21 


97 


13 


59 



INDEX TO THE CONSTITUTION. 291 

Const. Man. 
Warrant, no, shall issue but upon probable cause, supported 

by oath, &c 33 134 

"Weights and measures. Congress shall have the power to fix 

the standard of • 

Welfare, general, Constitution established to promote the 

Congress may provide for 
Witness, against himself, nor shall any person be compelled to 
be, in criminal cases ....... 

Witnesses against him, the accused to be confronted 

in his favor, to have compulsory process 
Writ of habeas corpus, the privilege of, shall not be suspended, 

unless, &c 19 88 

Yeas and nays of the members of either house of Congress on 
any question, shall, on the desire of one 
fifth present, be entered upon the journal 15 66 
also, on the passage of any bill, &c., returned 

by the President . . . . . 16 G9 



17 


78 


11 


49 


17 


71 


34 


114 


34 


115 


34 


115 



INDEX 

BY AETICLES TO THE CONSTITUTION OF 
ILLINOIS, OF 1870. 



♦— ^ — 

Page 

PREAMBLE 148 

ARTICLE I. 

Boundaries 148 

ARTICLE XL 

Bill op Rights 149 

ARTICLE III. 

Distribution op Powers 153 

ARTICLE IV. 

Legislative Department 153-166 

Election 154 

Eligibility and oath 155 

Apportionment, Senatorial 156 

Minority Representation 157 

Time of Meeting and General Rules .... 157 

Style of Laws and Passage of Bills 159 

Privileges and Disabilities 160 

Public Money and Appropriations 160 

Pay of Members 162 

Special Legislation prohibited 163 

Impeachment 165 

Miscellaneous Powers 165, 166 

ARTICLE V. 

Executive Department 167-175 

Election 168 

Eligibility ' . 169 



INDEX TO THE CONSTITUTION OF ILLINOIS. 293 

Page 

Governor 169 

The Veto power 171,172 

Lieutenant-Governor 172, 173 

Other State Officers 173, 174 

Seal of the State ........ 174 

Fees and Salaries of Executive Officers .... 174 

Definition of Office and Oath of same . . . . 174, 175 

AETICLE VI. 

Judicial Department 175-188 

Supreme Court .177-179 

Appellate Courts . . . . . . • .179,180 

Circuit Courts 180-182 

County Courts 182 

Probate Courts ' . . . 183 

Justices of Peace and Constables 183 

State's Attorneys 183 

Courts of Cook County . 184-186 

General Provisions 186, 187 

ARTICLE YII. 
SUFFKAGE 188,189 

ARTICLE Vm. 
Education 189, 190 

ARTICLE IX. 
Revenue 191-194 

ARTICLE X. 

Counties . . . 1 94 - 1 99 

County Seats 195 

County Government 196 

County Officers and their Compensation . . . 197 - 199 

ARTICLE XL 

Corporations 199-204 

Banks 201 

Railroads 202-204 



294 INDEX TO THE CONSTITUTION OF ILLINOIS. 

ARTICLE XII. 

Page 
Militia . . • 205, 206 

ARTICLE XIII. 
Warehouses 206 - 208 

ARTICLE XIV. 

Amendmekts to the Constitution 208, 209 

Separate Sections 210 - 221 

Illinois Central Railroad 210 

Municipal Subscriptions to Railroads or private Corpora- 
tions 210 

Illinois and Michigan Canal 211 

Schedule 212-221 



THE END. 



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